The recent case of Leroy Dean McGill, executed more than 20 years after receiving the death penalty; for the murder of a man in 2002, raises a question about this process in Arizona: why a convict can spend up to decades on death row.

Even after a court has issued the final sentence, legal specialists explain that the delay is related to the extensive process of appeals, judicial reviews and constitutional guarantees that exist before applying an irreversible sentence.

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The long road after a death sentence

When a judge or jury issues a death sentence, the case does not end there. In fact, a new judicial stage is just beginning that can last for years or even decades.

“The big question people ask is: why is it taking so long?” analyzes attorney Benjamin Taylor, an expert in civil rights, family law, criminal defense and death penalty cases.

Taylor explained to the AZ Family portal that the US system prioritizes reviewing every detail of the process to avoid irreparable errors. “The death penalty is the ultimate punishment,” Taylor said. "Once the death penalty is implemented, there is no turning back. It's done."

For that reason, all death sentences automatically receive an appeal. Higher courts review whether the original trial was conducted properly, whether the evidence was valid, and whether the defendant's constitutional rights were respected.

Appeals can take many years

“Normally, the first appeal is filed to the Arizona Supreme Court, and then to the Ninth Circuit,” Taylor details. “And ultimately, each court will decide whether it believes the case was handled correctly at the trial level or not.”

Each review can take years due to the amount of documentation, hearings and legal analysis involved. In addition, defense attorneys often file additional appeals related to new evidence, possible procedural errors, or questions about the constitutionality of the sentence.

“They can also get a new trial, because they want to make sure that ultimately the person gets a fair trial and that the right person is executed, that they are found guilty,” Taylor said.

Arizona has also faced controversies related to the way executions are carried out, something that has further slowed some processes.

In 2014, the state temporarily suspended executions after the case of Joseph Wood, whose death by lethal injection took nearly two hours. The episode sparked national criticism and opened investigations into the protocols used.

“Even if they are on death row, they still have rights,” the lawyer emphasized. “And you have to make sure that they are executed appropriately and fairly.”

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