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Additional evidence, including another cold case DNA match in 2004, led to Alcala's indictment for the murders of four additional women: Jill Barcomb, 18, a New York runaway found "rolled up like a ball" in a Los Angeles ravine in 1977, [29] and originally thought to have been a victim of the Hillside Strangler; Georgia Wixted, 27, bludgeoned in her Malibu apartment in 1977; Charlotte Lamb, 31 ...
Timothy Evans. Timothy Evans was sentenced to death by hanging on 9th March 1950. Despite his death occurring over 70 years ago, Evans’ name lingers in the collective memory because he was attached to the case of infamous serial killer John Christie, who murdered at least eight women. The murders took place at his home in Notting Hill, 8 ...
- Introduction: The Appeal Process
- Motion For A New Trial
- Appeal to State’S Highest Criminal Court
- Petition to U.S. Supreme Court For Writ of Certiorari
Once a person is found guilty, the presumption of innocence is removed. The defendant now has the burden of showing that a critical mistake was made in the process that convicted him. Most of the review which occurs does not revisit factual issues decided at trial; rather the direct appeal deals with procedural issues. Some states have had time lim...
A post-judgment request that the court vacate the judgment and order a new trial for any of various reasons, such as insufficient evidence, newly discovered evidence, or jury misconduct. In some jurisdictions, this motion is required before a party can file an appeal. In most cases, this motion is quickly denied.
A proceeding undertaken to reverse a decision by bringing it to a higher authority. The defendant submits the trial court’s decision to a higher court for review and possible reversal.
The Supreme Court can, at its discretion, decide to review the decisions of a lower court on federal issues. However, the Supreme Court only takes about 1% of the cases submitted for its review.
The death penalty is intended only for “the worst of the worst” crimes. In order for juries to determine whether a particular defendant deserves a sentence of death, they must weigh evidence that this murderer is actually one of the worst of the worst (the aggravating factors) against the reasons for sparing him or her (the mitigating factors).
- Why does Amnesty International oppose the death penalty? The death penalty violates the most fundamental human right – the right to life. It is the ultimate cruel, inhuman and degrading punishment.
- Don’t victims of violent crime and their families have a right to justice? They do. Those who have lost loved ones in terrible crimes have a right to see the person responsible held to account in a fair trial without recourse to the death penalty.
- If you kill someone else, don’t you deserve to die, too – “an eye for an eye”? No. Executing someone because they’ve taken someone’s life is revenge, not justice.
- Doesn’t the death penalty prevent crime? Not according to the research. There is no credible evidence that the death penalty deters crime more effectively than a prison term.
PLEA BARGAINING. “Plea bargaining” is an agreement in a criminal case in which the defendant agrees to plead guilty in exchange for reducing the original charges, dismissing some of the charges, or limiting the punishment a court can impose on the defendant. Plea bargaining is important because most of the criminal cases are settled by plea ...
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The Death Penalty Project 8/9 Frith Street Soho London W1D 3JB or via our website: www.deathpenaltyproject.org ISBN: 978-0-9576785-6-9 Cover image: Anti-death penalty demonstrators in the UK in 1959. Mary Evans PicturE Library Acknowledgements This monograph was made possible by grants awarded to The Death Penalty Project from the Swiss