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Dead Man Talking: Competing Narratives And Effective Representation In Capital Cases Essay., Jeffrey J. Pokorak
Dead Man Talking: Competing Narratives And Effective Representation In Capital Cases Essay., Jeffrey J. Pokorak
St. Mary's Law Journal
As Karl Hammond’s case indicates, to serve justice, balance between the Kill Story and Human Story is necessary in a capital trial. This Essay seeks, through deconstruction of Karl Hammond’s case, to identify and illustrate the values of telling these combating stories. Part III describes the Kill Story and the Human Story in Karl’s case from the record of his trial, appeals, and petitions. Part III also demonstrates how the failure to tell one side of the story in either the guilt-innocence phase or the punishment phase can have a prejudicial effect on the jury’s decision. Part IV then discusses …
Religion And The Public Defender, Sadiq Reza
Religion And The Public Defender, Sadiq Reza
Fordham Urban Law Journal
This essay argues that the public defender should not undertake, or fail to undertake, any action to the legal detriment of a client on the basis of a conflict the attorney perceives between religious and professional responsibility, except for imminent death or serious bodily harm to another. Having accepted the responsibility of representing indigent criminal defendants, the public defender is duty-bound to not compromise that responsibility for competing religious obligations. This argument rests on four premises: (1) the public defender occupies a unique position in our legal system, and options available to private interest lawyers or other clients should not …