Smiling Jane
Senior Member
- Location
- Albuquerque NM
The two are not necessarily mutually exclusive . . . .
In fact…
The two are not necessarily mutually exclusive . . . .
I worked in the office of an attorney who was appointed to do a lot of these appeals, and believe me, there's not a lot of money in it. Perhaps if the attorney is doing an appeal for a wealthy client, who can afford to pay, but most certainly not in court appointed appeals paid for by the state for those who can't afford it, and there's a HUGE amount of work involved. Part of the reason appeals drag on for so long is that is takes the appellate courts so long to rule, but then they are overburdened, too. And part of it is that most criminal attorneys do not do appeals, and they are farmed out to appellate specialists because it's a whole different ball game than trial work, and there are not a whole lot of appellate specialists.
I do strongly believe that everyone is entitled to due process, and that includes appeals. I don't know what the answer is. It would help, I think, if we had a "life" sentence that REALLY meant life in prison with no possibility.
New Mexico no longer has the death penalty, but we do have two people up on death row whose crimes were committed before the death penalty was abolished here and whose appeals, last time I heard, are still ongoing.
If your state abolished the death penalty, wouldn't that mean the individuals now have life sentences? That's what happened to Manson and the others with the Supreme Court decision in 1972.