Stay of execution
Encyclopedia
A stay of execution is a court order to temporarily suspend the execution of a court judgment or other court order. The word "execution" does not necessarily mean the death penalty; it refers to the imposition of whatever judgment is being stayed.
A stay can be granted automatically by operation of law or conventionally, when the parties in a civil or criminal case agree that no execution shall occur for a certain period. If a party appeal
s a decision, any judgment issued by the original court may be stayed until the appeal is resolved.
the convicted person or in attempts to have the sentence commuted
to imprisonment. In the United States of America, all death sentences are automatically stayed pending a direct review by an appeals court. If the death sentence is found to have been legally sound, the stay is lifted.
One example of a stay of execution in the death penalty context was the James Autry
case. Autry was already strapped down to the execution table when the order came to stop the execution. He was executed a few months later, on March 14, 1984.
A stay can be granted automatically by operation of law or conventionally, when the parties in a civil or criminal case agree that no execution shall occur for a certain period. If a party appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
s a decision, any judgment issued by the original court may be stayed until the appeal is resolved.
Death penalty stays
In cases where the death penalty has been imposed, a stay of execution is often sought to defer the execution of the convicted person. This may occur if new evidence is discovered that will exonerateExoneration
Exoneration occurs when a person who has been convicted of a crime is later proved to have been innocent of that crime. Attempts to exonerate convicts are particularly controversial in death penalty cases, especially where new evidence is put forth after the execution has taken place.The term...
the convicted person or in attempts to have the sentence commuted
Commutation of sentence
Commutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime...
to imprisonment. In the United States of America, all death sentences are automatically stayed pending a direct review by an appeals court. If the death sentence is found to have been legally sound, the stay is lifted.
One example of a stay of execution in the death penalty context was the James Autry
James Autry
James David Autry was a convicted murderer in the U.S. state of Texas, executed by lethal injection....
case. Autry was already strapped down to the execution table when the order came to stop the execution. He was executed a few months later, on March 14, 1984.