What is the legal procedure if someone sentenced to death is proven innocent after execution?
There is not absolute answer to this question. If the individual was convicted of the crime and executed, his or her case is closed. There is no national standard that requires that the case be reopened or that any other action be taken. In some cases, the Governor, at the request of the family or the attorneys, can issue a pardon for the deceased individual, but there is no specific rule requiring this. There have been a few of these pardons issued by Governor’s for individuals who were lynched when they were actually innocent of any crime. The problem with issuing some form of national requirement for this type of situation is based on money. If the family of the deceased were to receive a clear statement that the individual had been executed in error, it would open the government up to significant liability for wrongful execution or miscarriage of justice. The issue also comes down to the basis for the determination that the executed individual was innocent. If an eye witness later
