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.
Jun 17, 2020
U.S. Supreme Court Orders Texas Court to Reconsider Case of Inadequate Representation
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 MoreNews & Developments
Human Rights
Feb 01, 2023
Texas Death Row Prisoner Commits Suicide
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
Alabama Court Removes Key Appeal Protection for Death Sentenced Defendants
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
Missouri Set to Execute Amber McLaughlin on January 3 in First U.S. Execution of a Transgender Person
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
Court Overturns Ohio Death Sentence After Defense Expert Testifies that One Quarter of Urban Black Men Should be Locked Up or Thrown Away
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 Trial in South Carolina Execution-Method Challenge Begins, Review of State’s Death Penalty Reveals System that is Biased, Arbitrary, and Error-Prone
As the trial challenging South Carolina’s execution methods began on Augu…
Representation
Jul 27, 2022
California State and Federal Courts Overturn Three Death Sentences
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
Law Review: Criminal Defendants Have Limited Ability to Make Meaningful Choices, Especially in Capital Trials
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
After Initially Reversing Decision, Supreme Court Refuses to Review Texas Case of Gross Attorney Ineffectiveness a Second Time
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…
Innocence
May 25, 2022
Legal Analysts Blast Supreme Court Ruling Denying Prisoners Who Were Incompetently Represented in State Courts Access to Federal Courts to Prove Innocence, Constitutional Violations
In an opinion legal experts have blasted as “nightmarish” and “an abomination,” the U.S. Supreme Court has ruled in two Arizona death penalty cases that 1990s amendments to the federal habeas corpus law permit state prisoners who were provided ine…
Representation
May 02, 2022
Supreme Court Hears Arguments in Death Penalty Cases that Could Limit Access to Federal Court Review
The U.S. Supreme Court has heard argument in two death penalty cases that present highly technical legal issues that could profoundly affect the extent to which prisoners convicted in state courts will have meaningful access to fe…