Closed Doors: Legal Policies Concerning Death Row Inmates - Essay Example

If a habeas petition is rejected, it is one step in assuring that a Death Row inmate has no more access to making appeals in court.  According to Dow (2006), “[T]he district courts are required to dismiss any action brought by a death row inmate who has already had a federal habeas petition” (pp. 46).  Such rejection is tantamount to a death sentence for someone, who might actually be innocent.  If someone is unfairly accused of a crime that they did not commit—most likely, in this case, murder—it would only make sense that the defendant should have the right to appeal any rulings.  However, for Death Row inmates this is usually not the case. 

One federal judicial review is allowed if the habeas petition fails.  Roberts (2007) states, “Even if the Court upholds a death sentence, a prisoner still has the option for one last review in the federal court” (pp. 104).  Basically, if the judicial review does not look like it will be in the favor of the defendant, the inmate basically has no appeal left in order for recourse.  Sadly, our court system only allows one federal judicial review that is at the mercy of one sole judge’s opinion. 

After the habeas petition has been filed, and the client’s case has gone under federal judicial review, there is basically no other avenue down which a client can proceed.  The only thing standing between the Death Row inmate and being executed is the fact that the governor of a state, or the President, can pardon someone from being executed.  However, these occurrences go on all over the country every day.  Of course, just because a prisoner isn’t granted a stay of execution, that does not mean that the prisoner’s chances of being executed won’t be diminished.  In the rare event that something goes awry with the chemicals used to execute the inmate, if the chemicals don’t take effect immediately—it could be seen as cruel and unusual punishment for taking so long and the inmate could be kept in prison for life.  

Unfortunately, the court system is not very fair to Death Row inmates and other prisoners who are facing termination by the state for crimes they may not have committed.  Death row inmates:  only are allowed one habeas petition, which is usually rejected; are only allowed one federal judicial review; and after those steps have been completed, there is no other recourse of appeal for state prisoners.  It depends upon the mercy of the judge who is presiding.