Law Commons^™

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.

Using The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases To Change The Picture In Post-Conviction, Mark E. Olive, Russell Stetler

Hofstra Law Review

This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.

As the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) detail, success in capital post-conviction proceedings will depend not just on the quality of the legal arguments counsel advance but, probably more critically, on counsel's skill at changing the picture that has previously been presented. The old facts and legal arguments - those which resulted in a conviction and imposition of …

A Former Alabama Appellate Judge's Perspective On The Mitigation Function In Capital Cases, William M. Bowen Jr.

Hofstra Law Review

This article appears in the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases.

The article, based on the author's eighteen years of service on the Alabama Court of Criminal Appeals, explicates how the collection and presentation of mitigation evidence in accordance with the ABA's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases reprinted in 31 Hofstra L. Rev. 913 (2003) and the Supplementary Guidelines that are the subject of this issue enable appellate courts to make reliable decisions in capital cases. Recounting his …

Introduction: Re-Stating The Standard Of Practice For Death Penalty Counsel: The Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases, Eric M. Freedman

Hofstra Law Review

This is the Introduction to the Hofstra Law Review symposium issue on the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases, and summarizes its thirteen articles.

A central - indeed, arguably the central - duty of defense counsel in a capital case is to humanize the client in the eyes of those who will decide his fate. The daunting task of imagining, collecting, and presenting such mitigation evidence pervades counsel's responsibilities from themoment of detention on potentially capital charges to the instant of execution.

A truly multi-disciplinary team, with skills in eliciting and documenting sensitive …

Representing Capital Clients And The Elusive Quest For "Meaningful Access To Justice", Glenda G. Grace

Hofstra Law Review

No abstract provided.

The Chilling Effect That The Threat Of Sanctions Can Have On Effective Representation In Capital Cases, Richard P. Mauro

Hofstra Law Review

No abstract provided.

Client Choice, Contractual Restraints, And The Market For Legal Services, Robert W. Hillman

Hofstra Law Review

The freedom of clients to discharge their lawyers at any time, with or without cause, greatly facilitates competition among lawyers. An era of lawyer mobility that has destabilized law firms and rewarded lawyers able to command the loyalty of their clients rests on the simple and largely unquestioned premise that clients should be free to discharge their lawyers, with or without cause and even, under most circumstances, in contravention of contract. This Article explores the norm of client choice and its impact on the market for legal services. It discusses the historical foundations of the norm, the policy reasons for …

Add Resources And Apply Them Systemically: Governments' Responsibilities Under The Revised Aba Capital Defense Representation Guidelines, Eric M. Freedman

Hofstra Law Review

The death penalty is expensive. For many reasons-including the reality that if the prosecution insists on the death penalty there is essentially no chance of a guilty plea, and the fact that the bifurcation between guilt and penalty that uniquely characterizes capital cases imposes double costs throughout the process of investigation, trial, and appeals -a state's decision to have a criminal justice system in which death is available as a sanction necessarily entails substantially higher costs than the contrary decision does.

'The Guiding Hand Of Counsel' And The Aba Guidelines For The Appointment And Performance Of Defense Counsel In Death Penalty Cases, Robin M. Maher

Hofstra Law Review

No abstract provided.

Aba Guidelines For The Appointment And Performance Of Defense Counsel In Death Penalty Cases, American Bar Association

Hofstra Law Review

No abstract provided.

Why An Independent Appointing Authority Is Necessary To Choose Counsel For Indigent People In Capital Punishment Cases, Ronald J. Tabak

Hofstra Law Review

No abstract provided.

Making The Last Chance Meaningful: Predecessor Counsel's Ethical Duty To The Capital Defendant, Lawrence J. Fox

Hofstra Law Review

No abstract provided.

Earl Washington's Ordeal, Eric M. Freedman

Hofstra Law Review

By way of preface to this Symposium, I offer an account of the ordeal of Earl Washington, who-having come within days of execution-was released from prison on February 12, 2001, after DNA evidence of his innocence finally proved conclusive to the Virginia authorities. I do so for two reasons.

First, I believe, both as a member of his legal team and a scholar, that history deserves an accurate account of the events. Second, more broadly, I believe that the case exemplifies many of the phenomena that contribute to the injustice of the death penalty in America today, and that its …

Shaking The Foundation Of Gideon: A Critique Of Nichols In Overruling Baldasar V. Illinois, Ralph Ruebner, Jennifer Berner, Anne Herbert

Hofstra Law Review

No abstract provided.