How long do appeals in capital cases take? This final grant report details an NIJ Visiting Fellow's research on how long it takes court systems to process a direct appeal in capital cases. Dr. Barry Latzer, Professor at John Jay College of Criminal Justice, examined data for 1,676 cases resolved between 1992-2002 in 14 States. He found that, measuring from date of death sentence, it took a median 966 days to complete direct appeal. The number of days for an appeal to reach the court of last resort varied greatly between States. Petitions to the U.S. Supreme Court added a median of 188 to 250 days. Factors that affected the number of days required to process an appeal included case complexity, number of dissenting opinions, if there was a reversal of the lower court decision, prior review by an intermediate appellate court, and if there were State laws or rules on expediting capital appeals.
Read the full report Justice Delayed? Time Consumption in Capital Appeals: A Multistate Study (pdf). Data from this study is expected to be available in May 2007 through the National Archive of Criminal Justice Data.
The research resulted from a competitive award under NIJ's Visiting Fellowship Program in 2004. The program supports the investigation, analysis, and development of innovative approaches that enhance justice and advance public policy decision making.
Find additional reports and resource on capital cases and the death penalty at the National Criminal Justice Reference Service.
Article Sponsored by Criminal Justice online leadership; and, police and military personnel who have authored books.
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