Essay Sample of Death Penalty Should Remain On Appeal

Essay Sample of Death Penalty Should Remain On AppealAs a judge, I have to deal with a number of cases that include appeals for a stay of execution and of death sentences, and I've seen several different types of death penalty appeals, but the one I'll focus on is the one where the defendant was previously convicted of murder but then pled guilty to manslaughter instead. This type of case is extremely difficult to win because the evidence doesn't favor the prosecution, but it's not impossible to win. I'm going to look at the first step in your process to file this type of appeal, the opening brief.In general, there are two ways that the legal system works. There are the rules set forth by the laws of the country and then there are the rules set forth by the laws of the case. The laws of the case are mostly drawn up by courts, and they have to abide by them. If one of the laws conflicts with one of the other laws, it has to be applied, and you can't 'tell the judge to just ignore that part' when arguing against that part.In my experience, the judges seem to follow the laws set forth by the case as much as they do the rules set forth by the standard procedure. In most cases, they're pretty happy with that system, so that's what I'm going to try to suggest you do. At least for a beginning exercise, I recommend that you look at a good law review article or two.In a typical case, you're assigned a lawyer to start your brief and it'll contain everything that you want to say about your case. So, for example, if you are trying to raise an issue on the fairness of the system, you'll have to include a few paragraphs on your own fairness issues. Even if you're not a criminal defense attorney, this is what you'll have to include in your brief.On the other hand, if you're trying to establish a hardship issue or some other kind of justification for you being granted a stay, you'll need to write out your own narrative. (Note: This will include telling how the court system has treated you're only asking for a stay so you can continue to serve your sentence. That's it.)After you have the brief prepared, you'll want to review it thoroughly, and then mail it in a plain envelope with return receipt requested. Just like if you were to send in your request for a divorce or custody or visitation order, you'll want to get a receipt and make sure that the mail is marked as returned.Once you have that package, you can begin filling out your request for a stay, including the language to the effect that you've requested a stay and the reason why. Be sure to include a certified copy of your application, which you can find in the courthouse. You can find the clerk's office in your area by searching the Internet.Fill out the application and send it back to the clerk's office. When you do so, they'll automatically prepare your request for stay and return it to you. When they receive it, they'll give you a copy of your request for stay, and they will let you know whether or not you've been granted your request.