NCJ Number
104033
Journal
ABA Journal Dated: (January 1, 1987) Pages: 56-60
Date Published
1987
Length
5 pages
Annotation
Lawyers who represent death-row inmates say that the death penalty is unfairly imposed and that the court system is also unfair to the offenders who appeal their sentences.
Abstract
U.S. Supreme Court justices Burger and Powell have argued that frivolous and repetitive appeals from death-row inmates are overloading the court system. However, the Federal courts of appeals have ruled in favor of the inmates in 30 of 41 capital habeas appeals, indicating that the appeals are not frivolous. The quality of counsel is the main problem for death-row inmates, 99.5 percent of whom are indigent. Most States and localities provide little or no money for the defense of indigents charged with capital crimes. The emotional and physical strain of handling capital cases and the limits of pro bono time make these cases costly for attorneys. In addition, standards do not exist for the appointment of counsel in capital cases. As a result, many defendants have received the death penalty solely because of the ineffectiveness of their lawyers. Nevertheless, courts have found clients to be effectively represented even when the attorney's incompetence is obvious. In addition, some southern States have recently enacted procedural default laws that pose a further barrier to appeals. A final problem is that judges sometimes override jury recommendations for life sentences and have imposed the death penalty. Photographs and case examples.