Law Commons^™

Put Down The Phone! The Standard For Witness Interviews Is In-Person, Face-To-Face, One-On-One, Sean D. O'Brien, Quinn C. O'Brien, Dana Cook

Hofstra Law Review

The article focuses on professional standards for investigative interviews, the social science supporting the in-person, face-to-face interview standard. It mentions standards that apply to capital mitigation work, the problems created by remote witness interviews are not unique to death penalty work. It also mentions police officers, social workers, parole officers, and defense investigators knock on doors and mental health experts investigated prevailing standards of performance.

Mitigation Works: Empircal Evidence Of Highly Aggravated Cases Where The Death Penalty Was Rejected At Sentencing, Russell Stetler, Maria Mclaughlin, Dana Cook

Hofstra Law Review

This Article updates data presented in this law review in 2018 documenting almost two hundred capital cases presenting serious aggravating circumstances where juries nonetheless chose life sentences. This updated Article adds more than four hundred new cases in the same highly aggravated categories to the total, which is now over six hundred cases. The new case lists, which do not purport to be exhaustive, further support the point that the effective investigation and presentation of mitigating evidence can forestall a death sentence no matter how death-worthy the crime facts may appear at first glance. Indeed, the empirical evidence presented here …

Supplementary Guidelines For The Mitigation Function Of Defense Teams In Death Penalty Cases

Hofstra Law Review

No abstract provided.

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

Hofstra Law Review

No abstract provided.

International Law Issues In Death Penalty Defense, Richard J. Wilson

Hofstra Law Review

No abstract provided.

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 Professional Obligation To Raise Frivolous Issues In Death Penalty Cases, Monroe H. Freedman

Hofstra Law Review

Lawyers are generally familiar with the ethical rule forbidding frivolous arguments, principally because of sanctions imposed under rules of civil procedure for making such arguments. Not all lawyers are aware, however, of two ways in which the prohibitions of frivolous arguments are restricted in both the rules themselves and in their enforcement. First, the ethical rules have express limitations with respect to arguments made on behalf of criminal defendants, and courts are generally loath to sanction criminal defense lawyers. Second, the term "frivolous" is narrowed, even in civil cases, by the way it is defined and explained in the ethical …

'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.

Commentary On Counsel's Duty To Seek And Negotiate A Disposition In Capital Cases (Aba Guideline 10.9.1), Russell Stetler

Hofstra Law Review

This paper discusses counsel's duty to seek to resolve death penalty cases through negotiated dispositions for a sentence less than death.

The Innocence Protection Act Of 2001, Senator Patrick Leahy

Hofstra Law Review

No abstract provided.

Preventing The Execution Of The Innocent: Testimony Before The Senate Judiciary Committee, Barry C. Scheck

Hofstra Law Review

No abstract provided.

Errors And Ethics: Dilemmas In Death, Penny J. White

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 …

Preventing The Execution Of The Innocent: Testimony Before The House Judiciary Committee, Peter Neufeld

Hofstra Law Review

No abstract provided.

Congressional Power To Require Dna Testing, Larry Yackle

Hofstra Law Review

No abstract provided.

A Symposium On The Death Penalty, The Association Of The Bar Of The City Of New York, Leon Friedman

Hofstra Law Review

No abstract provided.

A Retributivist Argument Against Capital Punishment, Robert A. Pugsley

Hofstra Law Review

No abstract provided.