Policy Issues
Representation
Defendants are much less likely to be sentenced to death when they are represented by qualified lawyers who are provided sufficient time and resources to present a strong defense.
DPIC Podcast: Discussions With DPIC
Lawyers for the Condemned
ABA Guidelines and Standards for Capital Representation
American Bar Association's recommended standards for counsel in capital cases
Overview
The quality of representation a defendant receives in a capital case can make the difference between life and death. Almost all defendants cannot afford to pay for a lawyer, and states differ widely on the standards—if any—for death penalty representation. Accounts of lawyers sleeping or drinking alcohol during the trial, lawyers with racial bias toward their client, lawyers who conduct no investigation or fail to obtain necessary experts, or lawyers simply having no experience with capital cases have been rampant throughout the history of the death penalty.
The right to an attorney is a hallmark of the American judicial system. It is essential that the lawyer be experienced in capital cases, be adequately compensated, and have access to the resources needed to fulfill his or her obligations to the client and the court.
As abuses in the system have been exposed, most states have raised the standards for representation. However, most death-penalty states do not have statewide capital defense organizations, and many counties who are responsible for assigning and compensating lawyers have small budgets and cannot afford the kind of representation a capital case requires.
At Issue
Despite the poor quality of representation in many capital cases, courts have often upheld the convictions and death sentences imposed because of low expectations and the belief that better representation would not have made a difference in the case. Where higher quality counsel and adequate resources have been provided, death sentences have declined dramatically.
What DPIC Offers
DPIC has highlighted the key court decisions in this area, as well as the numerous instances in which the system has failed. A number of DPIC’s reports discuss the importance of quality representation. The standards for representation approved by the American Bar Association, along with the status of state compliance, are also available.
Sep 11, 2018
Another Louisiana Capital Conviction Overturned for Lawyer Conceding Guilt Over Client’s Objection
The Louisiana Supreme Court has unanimously overturned the conviction of death-row prisoner Brian Douglas Horn (pictured), after Horn’s lawyer conceded — over Horn’s explicit objection — that his client had killed and…
Read MoreNews & Developments
Mar 19, 2020
Ohio Death-Row Prisoner Granted New Trial After Lawyer Allowed Racially Biased Juror to Sit on Jury
The Ohio Supreme Court has granted a new trial to a Cincinnati death-row prisoner whose lawyer’s inaction permitted a racially biased juror to serve in his case. In a 5 – 2 opinion issued February 27, 2020, the court ruled that defense counsel for
Feb 28, 2020
Alabama Set to Execute Nathaniel Woods Despite Claims of Innocence, Police Misconduct
Nathaniel Woods (pictured, left) did not shoot Alabama police officers Charles Bennett, Carlos “Curly” Owen, and Harley Chisholm III (pictured left to right, below). But because of alleged police misconduct, incom…
Feb 17, 2020
Exoneree Ryan Matthews Calls for Ending Louisiana’s Death Penalty: “I Know Capital Punishment Doesn’t Work”
DNA exonerated Ryan Matthews in 2004, after he had spent five years on death row at the Louisiana State Penitentiary at Angola for a murder he did not commit. In December 2019, he received his college degree. “I’m…
Jan 30, 2020
Charleston Church Shooter Appeals Federal Death Sentence Amid Claims of Mental Incompetence
Lawyers for white supremacist Dylann Roof (pictured) have asked a federal appeals court to vacate his federal convictions and death sentences for the racially-motivated murders of nine worshipers at an historic African-American ch…
Dec 12, 2019
Before Leaving Office, Kentucky Governor Matt Bevin Commutes the Sentences of Two Death-Row Prisoners
In his last series of acts before leaving office, outgoing Kentucky Governor Matt Bevin (pictured) has commuted the sentences of two of the state’s longest serving death-row prisoners to life with the possibility of parole. On Fri…
Dec 06, 2019
Federal Appeals Court Grants New Trial to Arizona Death-Row Prisoner Who May Not Have Committed Murder
A federal appeals court has reversed the conviction of Arizona death-row prisoner Barry Jones (pictured) based on medical evidence suggesting that he may not have committed the murder for which he was sentenced to…
Oct 09, 2019
Supreme Court Opens 2019-2020 Term with Consideration of Death Penalty Cases
The 2019 – 2020 U.S. Supreme Court term opened on October 7 with the Court declining to review challenges to death-penalty court decisions from a number of states and with the Court hearing argument in a Kansas deat…
Oct 02, 2019
Ohio Governor Grants Reprieve to Prisoner Who Was Abandoned by Attorneys
Ohio Governor Mike DeWine has granted a reprieve to Cleveland Jackson, delaying his execution date from November 13, 2019 to January 13, 2021, because of a misconduct complaint filed against his previous appellate attorneys. The e…
Sep 19, 2019
American Bar Association Death Penalty Representation Project Has Removed 100 Prisoners from Death Row
In February 2017, the U.S. Court of Appeals for the Sixth Circuit overturned the conviction and death sentence of Tennessee death-row prisoner
Sep 13, 2019
Commentators Criticize Pennsylvania Death Penalty, Call for Reform or Abolition
As the September 11, 2019 Pennsylvania Supreme Court argument date approached in two cases challenging the…
