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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.
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.
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 …
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 …
The Development Of China's Death Penalty Representation Guidelines: A Learning Model Based On The Aba Guidelines For The Appointment And Performance Of Defense Counsel In Death Penalty Cases, Jie Yang
Hofstra Law Review
The article discusses the development of death penalty legal representation guidelines in China based on the American Bar Association's "Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases" as of 2014. According to the article, law professors, legal advocates, and defense attorneys in China collaborated on the creation of a code for lawyers who represent defendants in death penalty cases. China’s Supreme People’s Court and defendants' rights are examined.
Deconstructing Antisocial Personality Disorder And Psychopathy: A Guidelines-Based Approach To Prejudicial Psychiatric Labels, Kathleen Wayland, Sean D. O'Brien
Deconstructing Antisocial Personality Disorder And Psychopathy: A Guidelines-Based Approach To Prejudicial Psychiatric Labels, Kathleen Wayland, Sean D. O'Brien
Hofstra Law Review
Prejudicial psychiatric labels such as antisocial personality disorder and psychopathy have an inherently prejudicial effect on courts and juries, particularly in cases involving the death penalty. This article explains how and why these labels are inherently aggravating, and also discusses the mental health literature indicating that they are subjective, unreliable and non-scientific. The authors conclude that no competent defense lawyer would pursue a mitigation case based on such a damaging and scientifically questionable psychiatric label. Further, a proper life history investigation conducted in accordance with the ABA Guidelines on the Appointment and Performance of Defense Counsel in Death Penalty Cases …
The Case For Proactive Management-Based Regulation To Improve Professional Self-Regulation For U.S. Lawyers, Ted Schneyer
The Case For Proactive Management-Based Regulation To Improve Professional Self-Regulation For U.S. Lawyers, Ted Schneyer
Hofstra Law Review
The article discusses the American Bar Association's (ABA's) Standing Committee on Professional Discipline and its review of the ABA's Model Rules for Lawyer Disciplinary Enforcement, focusing on proactive management-based regulation as a means of improving professional self-regulation for U.S. lawyers as of 2013. Other topics include attorney misconduct claims by clients, law firm management, and the roles of solicitors in assessing a law firm's ethical infrastructure in New South Wales.
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, …
Applying The Revised Aba Model Rules In The Age Of The Internet: The Problem Of Metadata, Ronald D. Rotunda
Applying The Revised Aba Model Rules In The Age Of The Internet: The Problem Of Metadata, Ronald D. Rotunda
Hofstra Law Review
When lawyers receive a document — whether hard copy or an electronic document — that they know the adversary sent them inadvertently (for example, a fax or email mistakenly sent to an adversary lawyer instead of to co-counsel), the black letter rule in Rule 4.4 requires the lawyer to notify the other side. However, this Rule does not require the receiving lawyer to return the document unread. Whether the receiving lawyer can use that document depends, in essence, on the law of evidence. If the court decides that the document lost its privileged status (perhaps because the sending lawyer acted …
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 …
Law Firm Malpractice Disclosure: Illustrations And Guidelines, Anthony V. Alfieri
Law Firm Malpractice Disclosure: Illustrations And Guidelines, Anthony V. Alfieri
Hofstra Law Review
Lawyers err every day, in hard and easy cases, in trials and transactions, and in large and small firms. By turns commonplace and noteworthy, the errors fall in both the private shadow and the public light of for-profit, nonprofit, and government practice. The literature of lawyer and, by extension, law firm error spans common law doctrines, state ethics rules and opinions, federal rules, practitioner treatises, restatements, and academic casebooks and commentaries. Despite the breadth of this literature, the intertwined problems of lawyer or law firm error and client malpractice disclosure remain unresolved and surprisingly underappreciated.
Against the backdrop of widening …