Can victim's family request a stay of execution?

Question

Let's say you have a family member murdered in a state that has the death penalty. If you think that the death penalty for people who don't believe in an afterlife is too much of a merciful punishment, can you request that the perpetrator rather get life without the chance of parole? Assume all due process has been done and a guilty verdict has been returned.

Will judges typically consider the wishes of victims' families regarding the death penalty or is it just a case of what is prescribed under the law?

Answer 1

I am assuming you mean will the stay be honored and not just requesting it, and if that is the case the answer is no. As far as I am aware this is not the only example of this.

Missouri executes Marcellus Williams despite prosecutors and the victim’s family asking that he be spared

Marcellus Williams, whose murder conviction was questioned by a prosecutor, died by lethal injection Tuesday evening in Missouri after the US Supreme Court denied a stay.

The 55-year-old was put to death around 6 p.m. CT at the state prison in Bonne Terre.

Williams’ attorneys had filed a flurry of appeal efforts based on what they described as new evidence – including alleged bias in jury selection and contamination of the murder weapon prior to trial. The victim’s family had asked the inmate be spared death.

The US Supreme Court’s action came a day after Missouri’s supreme court and governor refused to grant a stay of execution.

Answer 2

You ask "can you request that the perpetrator rather get life without the chance of parole? Assume all due process has been done and a guilty verdict has been returned." This leaves open the possibility that a sentence has not yet been issued.

In that case, a victim impact statement is considered. See Payne v. Tennessee, 501 U.S. 808 (1991).

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You also ask about a stay of execution, which assumes a sentence has already been imposed.

The victim and their family have no standing, and there is no procedure, for them to request a court to stay the execution.

Answer 3

As mentioned in other answers, the victims can provide a victim's impact statement prior to sentencing, and the judge may take that into consideration during sentencing.

After sentencing, the victims could petition the Governor (or President if it's a federal conviction) to grant clemency to the prisoner. If the Governor agrees, they can reduce or commute the sentence.