Stay Of Execution Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Stay Of Execution, written in plain English, along with examples of how it is used.

What is Stay Of Execution?

(n) Stay of execution is the order issued by a court postponing the execution of a person sentenced for death penalty on any ground requiring the re-opening of the case.

History and Meaning of Stay Of Execution

The term stay of execution is derived from the Latin word "stare", which means "to stop or stand still", and "executus", which means "carried out". It is a legal term used to refer to an order issued by a court that puts a temporary hold on the execution of a sentence, usually while the court considers an appeal or other challenge to the decision. The purpose of a stay of execution is to prevent an unjust or erroneous execution from taking place.

Examples of Stay Of Execution

  1. The Governor of Texas issued a thirty-day stay of execution for a death row inmate who maintains his innocence.
  2. The Supreme Court of India granted a stay of execution for a man who was sentenced to death for murder, pending a review of his case.
  3. A federal judge in Arkansas issued a stay of execution for a man who was scheduled to be put to death by lethal injection, finding that the state's execution protocol violates the Eighth Amendment.

Legal Terms Similar to Stay Of Execution

  1. Habeas corpus - a legal action that allows a person who is detained or imprisoned to challenge the legality of their detention or imprisonment.
  2. Injunction - a court order that requires a person or entity to stop doing something or to take certain actions.
  3. Appeal - a request to a higher court to review and possibly change the decision of a lower court.