
DPI Podcast: Discussions With DPI
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
DPI has highlighted the key court decisions in this area, as well as the numerous instances in which the system has failed. A number of DPI’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.
News & Developments
News
May 28, 2025
The “Fiction of Agency”: Jeffrey Hutchinson Is the Latest of Many Executed After Attorneys Missed Deadlines to File Federal Appeals
On May 1, Jeffrey Hutchinson, a Gulf War veteran, was executed in Florida for the murders of his girlfriend and her three young children. As he fought behind enemy lines in some of the most dangerous regions on earth, bombs rattled and nerve gas corroded his brain, causing permanent damage that would contribute to the tragedy just a few years later.“His mind was a casualty, just like any limb lost in combat,” a group of 129 military veterans wrote in a letter…
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Apr 15, 2025
United States Supreme Court Denies Review for Death-Sentenced Missouri Man Whose Jury Foreman Was Removed for Bias
On March 31, the Supreme Court declined to hear the appeal of Lance Shockley of Missouri, the 36th death-sentenced person to be denied certiorari by the Court this year. At trial, Mr. Shockley’s jury foreman was removed before the sentencing phase based on evidence of serious bias — but Mr. Shockley’s attorney declined the opportunity to question the foreman or other jurors about the misconduct, and his conviction, which the foreman participated in, was allowed to…
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Jan 15, 2025
Idaho Reckons with High Costs of the Death Penalty
A recent op-ed in the Idaho Statesman highlights a number of difficulties that are a result of historic underspending on capital defense as the state prepares for its first execution since 2012. Idaho’s public defense system is transitioning to statewide oversight as part of an effort to address longstanding inequities in county-funded legal representation. With the consolidation of the public defender system came pay increases for most of Idaho’s…
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Dec 18, 2024
4th Circuit Affirms Dismissal of Legal Challenge to South Carolina’s Restriction on Media Access to Prisoners
U.S. Court of Appeals Fourth…
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Oct 30, 2024
New Resource: Database of Capital Appeals Dismissed Solely Because of Missed Deadlines
The Death Penalty Information Center is pleased to share a powerful new resource illustrating the dire consequences of inadequate legal representation in capital cases: a database of cases that were dismissed because they were not filed by the statutory deadline. The list of cases, developed by Professor Eric M. Freedman (pictured) and law student Paul Sessa of Hofstra University School of Law, will be updated by DPI going forward. Mr. Sessa and Professor Freedman…
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