Effective Counsel
The death penalty is arbitrary and capricious in part because of the poor quality of counsel provided to many of those facing it. Unfortunately, quality of counsel is often a good predictor of who gets sentenced to death and ultimately executed in the United States. The ACLU Capital Punishment Project works to ensure that people facing execution have access to competent counsel and adequate resources.
All criminal defendants are constitutionally entitled to effective representation of counsel. Unfortunately, lack of resources, time, and skills often render many capital counsel ineffective, denying numerous capital defendants that fundamental right, often resulting in a sentence of death.
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In 2005, the U.S. Supreme Court indicated in Roper v. Simmons that the death penalty must be reserved for "the worst of the worst," i.e. offenders who commit "the most serious crimes and whose extreme culpability makes them the most deserving of execution." Quality of counsel, however, is a far better predictor of who gets sentenced to death and ultimately executed. The death penalty is arbitrary and capricious, in part, because the "worst of the worst" most readily describes the quality of representation of those subject to it.
Actions
End the Death Penalty in Your State (2011 map): The state of Georgia has executed Troy Davis, despite serious concerns that he was wrongly convicted in 1989 of killing a police officer. This case makes clear that the death penalty system in the United States is broken beyond repair. It is arbitrary, discriminatory and comes at an enormous cost to taxpayers, and it must be ended.
Features
Inadequate Representation (2003 resource): Capital cases are among the most emotionally and financially draining cases imaginable. Lawyers must be extremely knowledgeable and diligent to navigate the complex maze of federal and state procedures governing capital cases. These cases demand hundreds of hours of preparation and extensive resources. Since most defendants cannot afford an attorney, they must rely on the state to provide them with representation. And few states provide adequate funds to compensate lawyers for their work or to investigate cases properly. As a result, capital defendants are frequently represented by inexperienced, often over-worked, and in many cases incompetent, lawyers.
Most Popular
New "Fast Track" Death Appeal Rules Still Fall Far Short of Goal of Providing Quality Counsel (2011 blog post): One familiar argument in the debate about the death penalty goes something like this: supporters of capital punishment say "defense attorneys just try to delay executions with endless appeals." Opponents of the death penalty reply: "Give defendants quality lawyers — with reasonable caseloads and adequate resources and adequate compensation — and there won't be so much delay."
The Importance of the Sixth Amendment Right to Counsel in Capital Cases (2008 blog post)
ACLU Urges Congress to Ensure Competent Counsel in Death Penalty Cases; Says Tragic Examples Demonstrate Flaws in Current System (2001 press release)
