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Full-Text Articles in Law
Improving State Capital Counsel Systems Through Use Of The Aba Guidelines, Robin M. Maher
Improving State Capital Counsel Systems Through Use Of The Aba Guidelines, Robin M. Maher
Hofstra Law Review
The article discusses the reported efforts to improve state capital punishment counsel systems through the use of the American Bar Association's (ABA's) "Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases" which have apparently been adopted by every active death penalty jurisdiction in the U.S. as of March 2014. America's criminal justice system and ineffective assistance of counsel claims in the U.S. are mentioned, along with various state supreme courts.
Sudden Death: A Federal Trial Judge's Reflections On The Aba Guidelines For The Appointment And Performance Of Defense Counsel In Death Penalty Cases, Mark W. Bennett
Sudden Death: A Federal Trial Judge's Reflections On The Aba Guidelines For The Appointment And Performance Of Defense Counsel In Death Penalty Cases, Mark W. Bennett
Hofstra Law Review
An experienced federal district judged discuss the role of the ABA Guidelines for the Appointment Performance of Defense Counsel in Death Penalty Cases. This includes his personal experiences from two lengthy federal death penalty trials where both defendants received the death penalty. The Guidelines were even more crucial in a 18 trial day, 28 U.S.C. 2255 proceeding, where the judge granted an new penalty phase re-trial based, in part, on significant ineffective assistance of counsel for many violations of the Guidelines and the 6th Amendment. It is a sad narrative of what can go wrong when the Guidelines are not …
The Continuing Duty Then And Now, David M. Siegel
The Continuing Duty Then And Now, David M. Siegel
Hofstra Law Review
The “new” recognition in the American Bar Association’s 2003 Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases of a continuing duty on the part of defense counsel to safeguard the interests of former clients by facilitating the work of successor counsel was essential to implementing post-conviction review of the effectiveness of their representation – but it was not unprecedented. Over a century before lawyers, often in capital cases, had been discharging just such a continuing duty to former clients and the article traces these historical antecedents. Making the duty in ABA Guideline 10.13 real, however, …
Motivation Matters: Guidelines 10.13 And Other Mechanisms For Preventing Lawyers From Surrendering To Self-Interest In Responding To Allegations Of Ineffective Assistance In Death Penalty Cases, Tigran W. Eldred
Hofstra Law Review
Defense lawyers whose clients are sentenced to death are virtually guaranteed to be accused of ineffective assistance of counsel. The question is how they will respond. On one hand, lawyers alleged to be ineffective are obligated under Guideline 10.13 of the American Bar Association’s Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases to continue to safeguard the interests of their former clients, a duty that includes full cooperation in appropriate legal strategies chosen to pursue the ineffectiveness claim. On the other hand, lawyers who are accused of ineffectiveness often react defensively to the allegation, reflexively …