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.
Policy Issues
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.
Lawyers for the Condemned
American Bar Association's recommended standards for counsel in capital cases
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.
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.
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.
Jun 17, 2020
By a vote of 6 – 3, the U.S. Supreme Court overturned a Texas Court of Criminal Appeals (TCCA) ruling upholding the death sentence imposed on Terence Andrus (pictured). The Court held that Andrus’ c…
Read MoreInnocence
Mar 31, 2023
Prominent death penalty attorney, founder and Executive Director of the Equal Justice Initiative, Bryan Stevenson (pictured with President Joe Biden), was awarded the National Humanities Medal on March 21, 2023 at the White House. The president co…
Arbitrariness
Mar 24, 2023
An in-depth piece in the Huffington Post examines Harris County’s (Texas) system for providing representation to those facing the death penalty who cannot afford their own attorney. The process is explored through the story of Obel Cruz‑G…
Human Rights
Feb 01, 2023
On January 21, 2023, Texas death row prisoner Terence Andrus hanged himself at the age of 34, a little more than 6 months after the U.S. Supreme Court denied review of his case for a second time. His lawyer, Gretchen Sween, told the Los Angele…
Representation
Jan 25, 2023
The Alabama Supreme Court announced a change to its rules of appellate procedure on January 12, 2023, eliminating automatic plain error review for trial errors in death penalty cases. This new rule removes a significant safeguard for capital defen…
Mental Illness
Dec 27, 2022
On January 3, 2023, Missouri is set to execute Amber McLaughlin (pictured), the first transgender person scheduled to be put to death in the United States. Tried as Scott McLaughlin, her jury rejected thr…
Race
Sep 01, 2022
A federal appeals court in Ohio has overturned the death sentence imposed on an African American defendant whose defense lawyer presented testimony from a clinical psychologist that one quarter of urban Black men were sociopaths w…
Arbitrariness
Aug 04, 2022
As the trial challenging South Carolina’s execution methods began on Augu…
Representation
Jul 27, 2022
State and federal courts have overturned three California death sentences in a span of two weeks from late June to mid-July 2022. Death-row prisoners Richard Clark, Michael Bramit, and And…
Race
Jul 12, 2022
A new law review article highlights the lack of protections for criminal defendants’ rights to make meaningful decisions despite court-recognized rights to autonomy. In “The Myth of Autonomy Rights,” a 2021 article published in the Cardozo Law…
Representation
Jun 14, 2022
The United States Supreme Court has declined to review a case in which the Texas Court of Criminal Appeals (TCCA) flouted a previous Supreme Court ruling by denying relief to a death-row prisoner a second time aft…