The American Bar Association proposed new standards...
The American Bar Association proposed new standards for defence lawyers in death penalty cases, after criticism by Supreme Court justices and legal scholars about the poor representation afforded many accused of being killers
The American Bar Association proposed new standards for defence lawyers in death penalty cases, after criticism by Supreme Court justices and legal scholars about the poor representation afforded many accused of being killers.
"Establishing minimum standards is essential to ensure effective assistance of counsel for all those charged with or convicted of capital crimes," said Robin Maher, director of the ABA's death penalty representation project.
The guidelines, intended to set a national standard of practice in state and federal courts, were adopted with little dissent at the ABA's midyear meeting in Seattle.
They cover both the appointment and performance of lawyers. Defendants in capital cases should be represented by two or more qualified lawyers, augmented by an investigator, a mitigation specialist and, in some cases, an expert to help with jury selection, the guidelines state. At least one team member should be able to screen defendants for mental or psychological disorders or impairments.
Further, an ABA report issued along with the guidelines recommended that an independent agency appoint counsel in capital cases to ensure the integrity of the process. In the past, according to critics, judges have appointed lawyers whose primary skill appeared to be processing cases rapidly rather than providing vigorous representation.
"Establishing minimum standards is essential to ensure effective assistance of counsel for all those charged with or convicted of capital crimes," said Robin Maher, director of the ABA's death penalty representation project.
The guidelines, intended to set a national standard of practice in state and federal courts, were adopted with little dissent at the ABA's midyear meeting in Seattle.
They cover both the appointment and performance of lawyers. Defendants in capital cases should be represented by two or more qualified lawyers, augmented by an investigator, a mitigation specialist and, in some cases, an expert to help with jury selection, the guidelines state. At least one team member should be able to screen defendants for mental or psychological disorders or impairments.
Further, an ABA report issued along with the guidelines recommended that an independent agency appoint counsel in capital cases to ensure the integrity of the process. In the past, according to critics, judges have appointed lawyers whose primary skill appeared to be processing cases rapidly rather than providing vigorous representation.
— SOURCES
- (Sources: Los Angeles Times, The Fort Worth Star-Telegram, 18/02/2003)
