Abstract

http://ssrn.com/abstract=914143
 
 

Footnotes (70)



 


 



Fewer Risks, More Benefits: What Governments Gain by Acknowledging the Right to Competent Counsel on State Post-Conviction Review in Capital Cases


Eric M. Freedman


Hofstra University - Maurice A. Deane School of Law


Ohio State Journal of Criminal Law, 2006
Hofstra Univ. Legal Studies Research Paper No. 06-19

Abstract:     
The acknowledgment that there is a right to the effective assistance of counsel in state post-conviction proceedings would serve the interests of the state and federal governments. Most death penalty states have already decided to provide capital post-conviction counsel but by failing to insist that the representation be competent they have forfeited procedural advantages they would otherwise enjoy in federal habeas corpus litigation, shifted unwarranted costs to the federal government, incurred serious litigation risks for the future, and impaired both the efficiency and the fairness of their systems of criminal justice.

Number of Pages in PDF File: 15

Keywords: Giarratano, death penalty, right to counsel, habeas corpus, collateral review, post-conviction review

Accepted Paper Series


Download This Paper

Date posted: July 10, 2006  

Suggested Citation

Freedman, Eric M., Fewer Risks, More Benefits: What Governments Gain by Acknowledging the Right to Competent Counsel on State Post-Conviction Review in Capital Cases. Ohio State Journal of Criminal Law, 2006; Hofstra Univ. Legal Studies Research Paper No. 06-19. Available at SSRN: http://ssrn.com/abstract=914143

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: 490
Downloads: 41
Footnotes:  70

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.390 seconds