NCJ Number
116682
Journal
Journal of Criminal Law and Criminology Volume: 79 Issue: 4 Dated: (Winter 1989) Pages: 1065-1104
Date Published
1989
Length
40 pages
Annotation
This articles discusses whether the need for lawyers for condemned inmates lends itself to a constitutional solution.
Abstract
The post-conviction process of a person convicted of a capital offense and sentenced to death is explained. The inmate is entitled to request that the case be reviewed by the United States Supreme Court and then to seek post-conviction relief in the State court. The article states that of the almost 2,000 people who live under the sentence of death, more than 500 are in the post-conviction process. Many of these inmates cannot afford to hire lawyers and file motions themselves. The case of Giarratano v. Murray and other cases are examined for their relevance to a constitutional solution. The author delineates elements necessary for the effective operation of the post-conviction process is necessary, and lawyers must assure the effective operation of the post-conviction system. The sixth amendment and the fourteenth amendment are discussed with respect to right to counsel and the eighth amendment and the uniqueness of the death penalty are analyzed. The article concludes by stating that recognition of a right to counsel in capital post-conviction proceedings is demanded by prevailing constitutional doctrine. 259 references.