Abstract

http://ssrn.com/abstract=614546
 
 

Footnotes (68)



 


 



Mend It or End It?: The Revised ABA Capital Defense Representation Guidelines as an Opportunity to Reconsider the Death Penalty


Eric M. Freedman


Hofstra University - Maurice A. Deane School of Law


Ohio State Journal of Criminal Law, Spring 2005

Abstract:     
The revised edition of the ABA's "Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases" offers a lens through which to consider whether retention of capital punishment is sensible public policy.

A reader of the Guidelines finds that the current death penalty system is characterized by severely impaired clients, pervasive racism, a structural bias in favor of guilty verdicts, less effective counsel than in non-capital cases, and a dysfunctional system of post-conviction review.

No amount of money can solve these problems; at best, sufficient expenditures can ameliorate them. But making even that attempt will be costly - not just because of the amounts spent, but because those amounts are likely to be diverted from structural improvements that would produce tangible benefits to the criminal justice system as a whole.

As the states consider this situation, perhaps an unintended but welcome effect of the Guidelines' stark portrayal of the realities confronting them will be to prompt a re-consideration of the choice to have a death penalty at all.

Number of Pages in PDF File: 21

Keywords: Capital Punishment, Death Penalty, Indigent Representation, Effective Representation, ABA Capital Defense Guidelines

Accepted Paper Series





Download This Paper

Date posted: November 5, 2004  

Suggested Citation

Freedman, Eric M., Mend It or End It?: The Revised ABA Capital Defense Representation Guidelines as an Opportunity to Reconsider the Death Penalty. Ohio State Journal of Criminal Law, Spring 2005. Available at SSRN: http://ssrn.com/abstract=614546

Contact Information

Eric M. Freedman (Contact Author)
Hofstra University - Maurice A. Deane School of Law ( email )
121 Hofstra University
Hempstead, NY 11549
United States
516-463-5167 (Phone)
515-463-5129 (Fax)

Hofstra University Logo

Feedback to SSRN


Paper statistics
Abstract Views: 1,242
Downloads: 110
Download Rank: 151,057
Footnotes:  68

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.422 seconds