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The Aba Guidelines And The Norms Of Capital Defense Representation, Russell Stetler, W. Bradley Wendel
The Aba Guidelines And The Norms Of Capital Defense Representation, Russell Stetler, W. Bradley Wendel
Hofstra Law Review
Courts interpreting effective representation should look at authoritative statements of what counsel ought to do (such as the ABA Guidelines), rather than what may be customary among practitioners whose clients frequently end up on death row. Most cases avoid death sentences, and the standards are established by practitioners who represent capital clients successfully.
Professional Discipline Of Death Penalty Lawyers And Judges, Monroe H. Freedman
Professional Discipline Of Death Penalty Lawyers And Judges, Monroe H. Freedman
Hofstra Law Review
No abstract provided.
Overlooked Guidelines: Using The Guidelines To Address The Defense Need For Time And Money, Meredith Martin Rountree, Robert C. Owen
Overlooked Guidelines: Using The Guidelines To Address The Defense Need For Time And Money, Meredith Martin Rountree, Robert C. Owen
Hofstra Law Review
In 2003, Professor Eric M. Freedman, Reporter for the revised ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, observed that one of the ABA Guidelines’ central virtues was to recognize that the death penalty is expensive. Fairness in the application of the ultimate punishment requires governments to develop systems to allocate essential resources, like compensation for counsel and funds for experts and investigators. Ten years later, this Article revisits Professor Freedman’s observation by exploring the question of resources and urging counsel to increase their use of the ABA Guidelines in fighting for the irreducible …
Enforcing The Aba Guidelines In Capital State Post-Conviction Proceedings After Martinez And Pinholster, Eric M. Freedman
Enforcing The Aba Guidelines In Capital State Post-Conviction Proceedings After Martinez And Pinholster, Eric M. Freedman
Hofstra Law Review
This piece, published in Part 1 of Hofstra Law Review’s symposium marking the tenth anniversary of the ABA’s Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, considers the converging pressures now impelling the states to provide the effective assistance of counsel in state capital post-conviction proceedings. On the one hand, Martinez v. Ryan, 132 S. Ct. 1309 (2012) - a case that will likely be expanded to a number of additional procedural and substantive contexts - warns the states that if they fail to provide such counsel, their capital convictions will be subject to searching …