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
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…
Sep 12, 2019
Pennsylvania Supreme Court Hears Argument on Constitutionality of Death Penalty
The Pennsylvania Supreme Court (members pictured) heard oral argument on September 11, 2019 on whether to exercise its extraordinary “King’s Bench” powers to determine whether the death penalty, as currently applied in the Commonwealth, violates t…
Sep 06, 2019
Nevada Man Convicted by Prosecutorial Misconduct and ‘Woefully Inadequate’ Defense Counsel Released After 33 Years on Death Row
Thirty-three years after a trial a federal appeals court described as “a mixture of disturbing prosecutorial misconduct and woefully inadequate assistance of counsel,” a Las Vegas trial court freed Paul Browning (…
Sep 04, 2019
Texas Executes Defendant Who Had Been Represented by “Cut-and-Paste” Appeals Lawyer
Texas executed death-row prisoner Billy Jack Crutsinger on September 4, 2019, despite, his current lawyers say, having provided him with an incompetent appeals lawyer who repeatedly filed frivolous claims and cut …
Aug 14, 2019
High Cost of Death-Penalty Cases Continues to Vex Utah County
The high cost of meeting its obligation to provide constitutionally-mandated effective representation for indigent defendants in capital cases continues to generate controversy in Utah’s fourth largest county. With two capital tri…
Jul 18, 2019
Philadelphia District Attorney Asks Pennsylvania Supreme Court to Strike Down State’s Death Penalty
Citing race disparities, ineffective representation by court-appointed lawyers, and arbitrary case outcomes, the Philadelphia District Attorney’s Office has asked the Pennsylvania Supreme Court to strike down the …
Jul 12, 2019
Florida Capital Sentencing Juries Return Four Life Verdicts in Two Weeks
In the span of two weeks, juries in four unrelated cases in which Florida prosecutors had sought the death penalty have instead returned life sentences. The cases — which were considered probable death verdicts if judges were permit…
