I knew the appeals would be a large expense and I remember hearing a while back how expensive it was and I was surprised. I still wonder about the breakdown between the two. Why does the appeals process cost tax payers so much money LG?
Is that where it is? We hire people to work appeals for these people...or people that have already been hired work appeals for these people?
It depends on where in the process you are talking about. Take Florida, for example. If a person is convicted and sentenced to death in Florida, a significant amount of money will likely have been spent by both the state and the public defender in expert reviews of everything from the crime scene to any issue related to the defendant's mental health (and that can be quite elaborate, depending).
On top of that, you will have several years worth of what you might call the direct appeal, and that is an appeal to the Florida Supreme Court. The written opinions in those cases can be a hundred pages long, going over every evidentiary issue and argument raised. The case can typically be before that Court for several years.
In the meantime, the now-prisoner might seek some sort of re-opening of the case, for things like DNA evidence or claims of prosecutorial misconduct. That can go on in the trial court, then back up to the state supreme court.
Once all that is done, the prisoner then begins an entirely new set of appeals called the collateral appeals process and the state has several officers around Florida that do nothing but represent death row inmates as they attack the process of conviction, sentencing and appeal, from outside the process itself. Typically, this involves a series of appeals based on arguments that the original process was flawed and that usually means an argument of incompetent counsel. An example is that your lawyer did not raise an issue he could have and so you are entitled to a new trial or sentencing based on that issue. That is all at tax payer expense and they have a budget and lawyers and what not to do that task.
Then, assuming all that goes the state's way, there will be federal appeals, largely on the same issues. And those, as we all know, typically involve an application to the U.S. Supreme Court for stay of execution at the 11th hour, followed by a full-blown appeal to them.
I have had only the slightest involvement in a capital case and believe me when I say they plod along and even my little involvement (a public records issue well after conviction) took up plenty of my time (for which I was paid) plus the time of staff at the agency, the judge and his staff, and the staff of the state attorney and the collateral appeals attorney.
And that was a tiny sliver of the case.