what is the attorney quality in death penalty cases vs. other cases

Defending a death penalty case under any circumstance is much more arduous and requires years of commitment and dedication. In a criminal case, defense the attorney has a client’s freedom and community status in their hands, while in a capital case, defense counsel has a client’s very life in their hands.

Full Answer

Why are death penalty attorneys so unreliable?

This update on the cost and quality of defense Representation in Federal Death Penalty Cases was released in September 2010. This report updates the 1998 Spencer Report. It includes revised commentary, endorsed by the Judicial Conference Committee on Defender Services, to the 1998 recommendations approved by the Judicial Conference.

How do prosecutors decide not to seek the death penalty?

Average total cost per representation of a sample of authorized federal death penalty cases resolved through a trial (1990-1997): $269,139 4. The costs of defending federal death penalty cases appear to be reasonable in relation to the costs of prosecuting such cases. The Department of Justice collected data regarding its prosecution costs in a

Can I afford to pay for a death penalty lawyer?

In fact, in 2016 the U.S. Supreme Court overturned a death sentence for Duane Buck, an inmate in Texas whose court-appointed attorney did not object when …

Is the death penalty reserved for the worst of the worst?

The Supreme Court has held that legal counsel must provide effective representation. Almost all defendants in capital cases cannot afford their own attorneys. In many cases the appointed attorneys are overworked, underpaid, or lacking the trial …

Who is Shawn Rogers' attorney?

As Shawn Rogers sat in court at the defense counsel table last week to face the accusation he murdered his Santa Rosa Correctional Institution cellmate, he occasionally leaned over to attorney Kenneth Brooks to ask a question.

Why do the prosecution need to declare intent early?

The prosecution needs to declare their intent early, Molchan said, because of all the factors that come into play once the case is deemed a death penalty case such as finding qualified attorneys.

Does the prosecution treat death penalty cases differently than other murder cases?

Both the prosecution and defense treat death penalty cases differently than other murder cases.

Is Rogers still in the guilt phase?

Currently Rogers' case is still in the guilt phase, but if the jury convicts him, the case will move to the penalty phase where that same jury would decide if he should be sentenced to death . New Florida law mandates that juries unanimously recommend death, as opposed to the previous 10-2 split requirement. If convicted, Molchan said Rogers will be one of the first cases to fall under the new law.

Why should we not seek the death penalty?

Since the death penalty ultimately is sought against only a small number of the defendants charged with death-punishable offenses , the process for identifying those defendants should be as expeditious as possible in order to preserve funding and minimize the unnecessary expenditure of resources. Recommendation 5(a) calls upon the Department of Justice to increase the speed with which it makes decisions not to authorize seeking the death penalty. Recommendation 5(b) urges judges to oversee the authorization process by monitoring the progress of the decisionmaking and imposing reasonable deadlines on the prosecution in this regard. Courts should also ensure that the prosecution's timetables allow for meaningful advocacy by counsel for the defendant.

What is the first responsibility of the court in a federal death penalty case?

As Recommendation 1(a) indicates, the first responsibility of the court in a federal death penalty case is to appoint well-trained, experienced and dedicated defense counsel. Federal law requires the appointment of two counsel to represent a defendant in a federal death penalty case, of whom at least one must be "learned in the law applicable to capital cases." 18 U.S.C. § 3005. Additional requirements relating to counsel's experience are codified at 21 U.S.C. § 848(q)(5)-(7). Legislatures, courts, bar associations, and other groups that have considered the qualifications necessary for effective representation in death penalty proceedings have consistently demanded a higher degree of training and experience than that required for other representations. Such heightened standards are required to ensure that representation is both cost-effective and commensurate with the complexity and high stakes of the litigation. The standards listed in Recommendations 1(b) - (d) are designed to assist courts in identifying the specific types of prior experience which have been deemed most valuable in the experience of the federal courts thus far. They emphasize the importance of bringing to bear both death penalty expertise and experience in the practice of criminal defense in the federal courts.

What is a penalty phase investigator?

Penalty phase investigators, or "mitigation specialists," as they have come to be called, are individuals trained and experienced in the development and presentation of evidence for the penalty phase of a capital case. Their work is part of the existing "standard of care" in a federal death penalty case. (See Section B.7 of Part I of this Report.) Because the hourly rates charged by mitigation specialists are lower than those authorized for appointed counsel, employment of a mitigation specialist is likely to be a cost-effective approach to developing the penalty phase defense.

What information should be provided to defense counsel in a death penalty case?

Information from Resource Counsel. In all federal death penalty cases, defense counsel should obtain the services of Federal Death Penalty Resource Counsel in order to obtain the benefit of model pleadings and other information that will save time, conserve resources and enhance representation. The judiciary

What is the Department of Justice's recommendation for a fast track review of death penalty cases?

The Department of Justice should consider adopting a "fast track" review of cases involving death-eligible defendants where there is a high probability that the death penalty will not be sought.

What is the recommendation of the Federal Public Defender Organization(58)?

Since 1994, courts have been required to consider the recommendation of their federal public defender organization(58) or the Administrative Office regarding the appointment of counsel in each federal death penalty case. The Administrative Office has notified courts of this relatively recent innovation, and it has been largely followed and yielded results satisfying to judges, defense counsel and prosecutors. In a small number of cases, however, the Subcommittee found that courts had ignored or been unaware of the consultation requirement. For that reason, Recommendation 2(a) suggests that the Administrative Office take further steps to ensure that all courts are familiar with their obligations in this area and with the nature of the assistance which will be provided to them upon their request (see Commentary accompanying Recommendation 2(c)).

What should post conviction counsel consider?

post-conviction counsel in a case where the defendant is sentenced to death, courts should consider the attorney's experience in federal post-conviction proceedings and in capital post-conviction proceedings, as well as the general qualifications set forth in paragraph 1(a).

What is defense representation in capital cases?

Defense Representation in Capital Cases. The Constitution guarantees a criminal defendant a right to an attorney and to due process of law. The Supreme Court has held that legal counsel must provide effective representation. Almost all defendants in capital cases cannot afford their own attorneys.

What are the two categories of Supreme Court decisions?

Supreme Court decisions addressing representation fall into two major categories: those that define the parameters of the right to counsel and those that discuss standards for counsel’s performance. Each of these categories is important in the discussion of capital defense practices.

Why did Porter not call witnesses during his trial?

Porter argued that his attorney did not call these witnesses during his trial because he (Porter) was unable to pay the remainder of the fees owed to the attorney. Gursel admitted that he stopped investigating the case because Porter was able to pay him only $3,000 of the $10,000 fee previously agreed upon.

What is the right to counsel in criminal cases?

Even though the right to counsel in criminal proceedings is guaranteed by the Sixth Amendment, this right only protected criminal defendants in federal prosecutions until two cases extended the protection to individuals prosecuted by state governments. Powell v. Alabama (1932) secured the right to an attorney for indigent capital defendants, and Gideon v. Wainwright (1963) extended that right to all indigent criminal defendants at the trial level. In Douglas v. California (1963), the Court held that when a state affords a defendant a right to appeal, it must provide an attorney to indigent defendants for the first statutory appeal. This appeal, which concerns matters that arose during the trial, is called the "direct appeal." Subsequent review is referred to as "post-conviction proceedings." In Murray v. Giarratano (1989) the Court refused to find, at least where capital defendants were receiving some legal assistance for post-conviction proceedings, that there was a constitutional right to representation in such matters.

What was Graham's claim rejected by the appellate courts?

All of Graham’s claims of ineffective representation were rejected by the appellate courts.

Did Mock tell Graham he had a right to testify?

The state also asserted that Mock informed Graham that he had a right to testify on his own behalf but Graham never told trial counsel that he wanted to testify at either the guilt/innocence or punishment phases of the trial. All of Graham’s claims of ineffective representation were rejected by the appellate courts.

Which organizations are involved in defining what constitutes adequate representation in capital cases?

The Supreme Court, the Department of Justice and the American Bar Association are just some of the organizations involved in defining what constitutes adequate representation in capital cases. The following supplementary materials can help you further investigate this issue.

What should a court do when a defendant is charged with a crime punishable by death?

Upon learning that a defendant is charged with an offense punishable by death, courts should promptly consult with the prosecution to determine the likelihood that the death penalty will be sought in the case and to find out when that decision will be made.

What is the Federal Rule of Criminal Procedure 12.2?

Federal Rule of Criminal Procedure 12.2, governing mental health evaluations of the defendant, both the prosecution and defense now engage in more extensive pre-trial litigation over mental health issues. In addition to more time being spent on these issues, the hourly rate paid to mental health experts appears to have risen significantly since the time of the Spencer Report.

What is the purpose of a post conviction counsel?

appointing post-conviction counsel in a case where the defendant is sentenced to death, courts should consider the attorney's experience in federal post-conviction proceedings and in capital post-conviction proceedings, as well as the general qualifications set forth in paragraph 1(a).