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Closed Doors - Essay Example

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CLOSED DOORS Closed Doors: Legal Policies Concerning Death Row Inmates Word Count: 500 (2 pages) The federal courthouse doors should be opened to state prisoners (including those on Death Row) in order so that justice will not be short-circuited, in essence…
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Closed Doors

Download file to see previous pages... 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 rights 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. ...Download file to see next pagesRead More
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