When A Death Penalty Case Reaches the Supreme Court
By: Olivia J. Smith
In 2022, Judge Wende Cross ruled in favor of Elwood Jones, granting him a new trial after spending decades on death row. Now Elwood Jones is headed to the Supreme Court of Ohio to determine if Judge Cross’s decision will stand. To stall the case, prosecutors have been appealing Cross’s ruling to higher courts. The Supreme Court of Ohio agreed to rule on the prosecutor’s appeal after the Ohio 1st District Court of Appeals declined to consider prosecutors’ request. To even get to this point, Elwood’s lawyers had to prove there was enough new evidence not presented at his original trial that would have changed the outcome of his case. Due to the appeals process, his case for a new trial will now be heard by the highest ranking judges in our state.
While it is the states that carry most of the power when it comes to dictating the conviction and sentencing of the death penalty sometimes, like the recent case of Richard Glossip, cases make it to the Supreme Court of the United States. This article explores how death penalty cases make it to the highest court in our nation.
Overall, SCOTUS hears death penalty cases with unique features. But what is the likelihood of the court granting the hearing of a death penalty case? SCOTUS only hears a few death penalty cases a year depending on how severe the case is, the potential discrepancies in the case record and if the accused was wrongfully convicted. But due to the high volume of cases presented and the time limitations, death penalty cases are heard in small quantities.
Additionally, the ideologies of the Justices can also play a role in whether a death penalty case may be heard. If a Justice perceives the death penalty to be a fundamental issue of our justice system it will more likely be heard and given the light it deserves. However, if a Justice believes strongly in the state’s autonomy over sentencing and has a “tough on crime” stance they may not deem the case as imperative to hear.
SCOTUS is most like to hear a case if it:
- Has conflicting decisions in lower federal courts that the Supreme Court could resolve
- Has precedential value, meaning it could impact other federal current cases
- Has clear evidence and proof that a person could be innocent of the crime they were convicted
- Is of national attention or value
- Raises questions or bring awareness to an important legal issue that needs more complex and in-depth consideration
Particularly, the Supreme Court of the United States oversees the constitutionality of death penalty cases. Meaning, they are not deciding whether or not a person is innocent but looking at whether or not something occurred in the case that does not follow the constitution. The court does not specify the reasoning for not hearing a particular case. Unfortunately, many death penalty cases that are petitioned are not heard by the court, leaving individuals that could be potentially wrongfully convicted in despair. The Supreme Court serves as a referee to ensure cruel and unusual punishments are not inflicted according to the 8th Amendment.
The power of the Supreme Court lies in its decisions to set precedents for states to align with. While congress and state legislators hold the most immediate power to abolish the death penalty, our country’s highest court could be an influencing factor. The Supreme Court has the ability to change the narrative of the death penalty and rule it to be unconstitutional. For example, deeming the death penalty unconstitutional would change the trajectory of how courts view and handle high profile criminal cases. The Supreme Court plays a pivotal role in the death penalty and their rulings on a death penalty case could change the outcome of someone’s life.
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