Legal Definitions - death warrant

A death warrant is an official legal document that authorizes and directs the execution of a person who has been sentenced to death. It serves as the final legal command, typically issued by a judge or a high-ranking executive official (such as a state governor), to carry out capital punishment, often specifying the date and method of execution.

• Example 1: Gubernatorial Authorization
  After a convicted individual in a state that permits capital punishment has exhausted all their appeals and their death sentence has been upheld by the highest courts, the state's governor signs a death warrant. This document officially authorizes the Department of Corrections to proceed with the execution on a specified date.

  Explanation: This illustrates a death warrant as the final executive authorization, issued by a high-ranking official, to carry out a death sentence after all legal challenges have been resolved, making the execution legally permissible.

• Example 2: Federal Judicial Order
  In a federal case where a defendant was convicted of a capital crime, such as certain forms of murder or terrorism, and sentenced to death, a federal judge issues a death warrant. This warrant formally directs federal authorities to execute the sentence, often setting a specific timeframe for the execution to occur.

  Explanation: This example demonstrates a death warrant being issued by a judicial authority within the federal system, serving as the legal directive for federal agencies to implement a capital sentence.

• Example 3: Setting an Execution Date
  Following years of legal proceedings and appeals for a person convicted of a heinous crime and sentenced to death, the state supreme court affirms the sentence. Subsequently, a judge issues a death warrant that explicitly sets the date and time for the execution, thereby initiating the final preparations for the sentence to be carried out.

  Explanation: This scenario highlights the death warrant's function in concretely scheduling and initiating the final phase of capital punishment, transforming a general sentence into an actionable directive with a specific timeline.