the defense never rests reflections on death, dna and dogma michael edwards, visiting professor...
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THE DEFENSE NEVER RESTSReflections on Death, DNA and Dogma
Michael Edwards, Visiting Professor
Sheffield Hallam University, Dept. of Law & Criminology
Helena Kennedy Centre for International Justice
DEATH
www.deathpenaltyinfo.org
1,418 U.S. executions since 1976, the year the U.S. Supreme Court reinstated the death penalty.
Over half of all executions since 1976 (753) have occurred in just 3 states - TX, OK and VA.
3,002 people on death row in the U.S. as of 1 April 2015. (www.deathpenaltyinfo.org/documents/FactSheet.pdf)
www.deathpenaltyinfo.org
31 States, including Georgia, the U.S. military and the federal system have death penalty statutes.
19 States and the District of Columbia have repealed death penalty laws.
156 death row exonerations since 1973, 11% of the number of executions over almost the same period.
www.deathpenaltyinfo.org
58 Georgia executions since 1976, three in 2015.
84 people on death row in Georgia, all of whom are male. The last female, Kelly Gissendaner, was executed on 30 Sept. 2015.
Six Georgia death row inmates have been exonerated since 1973.
American Bar Association
Guidelines for the Appointment and Performance of Defense Counsel in Death
Penalty Cases
Revised Edition February 2003
2003 ABA GUIDELINES TABLE OF CONTENTS
GUIDELINE 1.1—OBJECTIVE AND SCOPE OF GUIDELINESGUIDELINE 2.1—ADOPTION AND IMPLEMENTATION OF A PLAN TO
PROVIDE HIGH QUALITY LEGAL REPRESENTATION IN DEATH PENALTY CASES
GUIDELINE 3.1—DESIGNATION OF A RESPONSIBLE AGENCYGUIDELINE 4.1—THE DEFENSE TEAM AND SUPPORTING SERVICESGUIDELINE 5.1—QUALIFICATIONS OF DEFENSE COUNSELGUIDELINE 6.1—WORKLOADGUIDELINE 7.1—MONITORING; REMOVALGUIDELINE 8.1—TRAINING GUIDELINE 9.1—FUNDING AND COMPENSATIONGUIDELINE 10.1—ESTABLISHMENT OF PERFORMANCE STANDARDSGUIDELINE 10.2—APPLICABILITY OF PERFORMANCE STANDARDSGUIDELINE 10.3—OBLIGATIONS OF COUNSEL RESPECTING
WORKLOADGUIDELINE 10.4—THE DEFENSE TEAMGUIDELINE 10.5—RELATIONSHIP WITH THE CLIENT
2003 ABA GUIDELINES TABLE OF CONTENTS
GUIDELINE 10.6—ADDITIONAL OBLIGATIONS OF COUNSEL REPRESENTING A FOREIGN NATIONAL
GUIDELINE 10.7—INVESTIGATIONGUIDELINE 10.8—THE DUTY TO ASSERT LEGAL CLAIMSGUIDELINE 10.9.1—THE DUTY TO SEEK AN AGREED-UPON
DISPOSITIONGUIDELINE 10.9.2—ENTRY OF A PLEA OF GUILTYGUIDELINE 10.10.1—TRIAL PREPARATION OVERALLGUIDELINE 10.10.2—VOIR DIRE AND JURY SELECTIONGUIDELINE 10.11—THE DEFENSE CASE CONCERNING PENALTYGUIDELINE 10.12—THE OFFICIAL PRESENTENCE REPORTGUIDELINE 10.13—THE DUTY TO FACILITATE THE WORK OF
SUCCESSOR COUNSELGUIDELINE 10.14—DUTIES OF TRIAL COUNSEL AFTER
CONVICTIONGUIDELINE 10.15.1—DUTIES OF POST-CONVICTION COUNSELGUIDELINE 10.15.2—DUTIES OF CLEMENCY COUNSEL
GUIDELINE 4.1—THE DEFENSE TEAM AND SUPPORTING SERVICES
A. The Legal Representation Plan should provide for assembly of a defense team that will provide high quality legal representation.
1. The defense team should consist of no fewer than two attorneys qualified in
accordance with Guideline 5.1, an investigator, and a mitigation specialist.
2. The defense team should contain at least one member qualified by training and experience to screen individuals for the presence of mental or psychological disorders or impairments.
GUIDELINE 10.4.—THE DEFENSE TEAM
C. As soon as possible after designation, lead counsel should assemble a defense team by: 2. Subject to standards of the Responsible Agency that are in accord with these Guidelines and in consultation with associate counsel to the extent practicable, selecting and making any appropriate contractual agreements with non-attorney team members in such a way that the team includes:
a. at least one mitigation specialist and one fact investigator;
b. at least one member qualified by training and experience to screen individuals for the presence
of mental or psychological disorders or impairments; and
c. any other members needed to provide high quality legal representation.
GUIDELINE 10.7.—INVESTIGATION
A. Counsel at every stage have an obligation to conduct thorough and independent investigations relating to the issues of both guilt and penalty.
1. The investigation regarding guilt should be conducted regardless of any admission or
statement by the client concerning the facts of the alleged crime, or overwhelming evidence of guilt, or any statement by the client that evidence bearing upon guilt is not to be collected or presented.
2. The investigation regarding penalty should be conducted regardless of any statement by the
client that evidence bearing upon penalty is not to be collected or presented.
DNA
www.innocenceproject.org
330 14 140 Number of Average Number of Number of Real DNA Exonerations Years Served Perpetrators Found 7 Number of Other Than THE DNA Exonerations CAUSES ⇓ ⥇ Eyewitness Misidentification ⥇ Unvalidated or Improper Forensic Science ⥇ False Confessions/Admissions Informants/Snitches⥇ ⥇ Government Misconduct
www.georgiainnocenceproject.org
5,900 letters received
52 clients accepted
7 exonerations
“Finding a person’s DNA implies their presence, but presence is not a necessary consequence of that find.”
-- Allan Jamieson, Forensic Institute, Glasgow
“DNA is ubiquitous. There are lots of examples where inadvertent transfer of DNA has happened. The problem is these evidence items are often kept in plastic bags and if you have got heavily bloodstained items, for example, then DNA is going to transfer across items.”
-- Peter Gill, formerly of UK Forensic Science Services
Although generally quite reliable (particularly in comparison with other forms of evidence often used in criminal trials), DNA tests are not now and have never been infallible. Errors in DNA testing occur regularly. DNA evidence has caused false incriminations and false convictions, and will continue to do so. Although DNA tests incriminate the correct person in the great majority of cases, the risk of false incrimination is high enough to deserve serious consideration in debates about expansion of DNA databases. The risk of false incrimination is borne primarily by individuals whose profiles are included in government databases (and perhaps by their relatives). Because there are racial, ethnic and class disparities in the composition of databases, the risk of false incrimination will fall disproportionately on members of the included groups.
-- William C. Thompson, Professor and Chair of the Department of Criminology, Law & Society at the University of California, Irvine
What is the Rule of Law?
A system in which the following four universal principles are upheld:
1. The government and its officials and agents as well as individuals and private entities are accountable under the law.
2. The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property.
3. The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient.
4. Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.
ANTI-DOGMA
A JUDICIAL "THIRD WAY"
Restorative Justice > Retributive Justice
Therapeutic Courts > Adversarial Courts
Criminal Justice as Social Justice
What is your role?
