The conflicting views of The conflicting views of victims, American culture, victims, American culture,

and the question of a just and and the question of a just and principled death penaltyprincipled death penalty

Why Murder Victims’ Why Murder Victims’ Families Should Witness Families Should Witness

Executions?Executions?Emotional ClosureEmotional ClosureSymbolic RepresentationSymbolic Representation

Does Witnessing Does Witnessing Executions Provide Executions Provide

Closure?Closure?Psychology of Closure is Psychology of Closure is ProblematicProblematic

Family may NEVER have Family may NEVER have closureclosure

False HopeFalse HopeThe public spectacle of the The public spectacle of the execution may not be the execution may not be the appropriate place.appropriate place.

Viewing Executions May Viewing Executions May be Detrimental to the be Detrimental to the

FamilyFamilyDisappointment and feelings of increased Disappointment and feelings of increased ragerage

"He died an extremely lot easier than my daughter "He died an extremely lot easier than my daughter did.....He got a spiritual advisor, the choice of a last meal. I did.....He got a spiritual advisor, the choice of a last meal. I wish I'd had a last chance to be with my daughter," wish I'd had a last chance to be with my daughter," commented the mother of victim stated after witnessing commented the mother of victim stated after witnessing Robert Lee Willie's electrocution. Robert Lee Willie's electrocution. The father later commented to Willie's spiritual advisor, The father later commented to Willie's spiritual advisor, "Know what they should've done with Willie?.....They "Know what they should've done with Willie?.....They should've strapped him in that chair, counted to ten, then at should've strapped him in that chair, counted to ten, then at the count of nine taken him out of the chair and let him sit in the count of nine taken him out of the chair and let him sit in his cell for a day or two and then strapped him in the chair his cell for a day or two and then strapped him in the chair again." again."

Can the death penalty be made just and Can the death penalty be made just and principled?principled?

Study QuestionsStudy Questions What are some of the key findings of What are some of the key findings of

Liebman, Fagan, and West’s study of Liebman, Fagan, and West’s study of error rates in capital cases between error rates in capital cases between 1973-1995?1973-1995?

Broken System I & IIBroken System I & II Incredibly HIGH error ratesIncredibly HIGH error rates Quality of CounselQuality of Counsel The more often and directly state trial judges The more often and directly state trial judges

are subject to popular election, and the more are subject to popular election, and the more partisan those elections are, the higher the partisan those elections are, the higher the state's rate of serious capital error. state's rate of serious capital error.

According to leading capital defense According to leading capital defense attorney Stephen Bright, why does there attorney Stephen Bright, why does there remain a pervasive inadequacy of counsel remain a pervasive inadequacy of counsel for poor capital defendants?for poor capital defendants?

Profoundly Inadequate FundingProfoundly Inadequate Funding Lack of a functioning adversary systemLack of a functioning adversary system Lack of Indigent Defense ProgramsLack of Indigent Defense Programs Woeful Compensation for AttorneysWoeful Compensation for Attorneys Elected State JudgesElected State Judges Tolerating Low Standards of Legal Tolerating Low Standards of Legal

RepresentationRepresentation

According to Stephen Bright, why has the According to Stephen Bright, why has the system failed to keep the promise of Gideon system failed to keep the promise of Gideon v. Wainwright?v. Wainwright?

The Sixth AmendmentThe Sixth Amendment

““In all criminal prosecutions, the accused shall enjoy the In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury ofright to a speedy and public trial, by an impartial jury ofthe State and district wherein the crime shall have beenthe State and district wherein the crime shall have beencommitted, which district shall have been previouslycommitted, which district shall have been previouslyascertained by law, and to be informed of the nature andascertained by law, and to be informed of the nature andcause of the accusation; to be confronted with thecause of the accusation; to be confronted with thewitnesses against him; to have compulsory process forwitnesses against him; to have compulsory process forobtaining witnesses in his favor, and to obtaining witnesses in his favor, and to have the Assistancehave the Assistanceof Counsel for his defense.”of Counsel for his defense.”

Gideon’s Muted TrumpetGideon’s Muted Trumpet

Guaranteeing the Right to an Attorney

The Failure to Realize Gideon v. Wainwright

No right to meaningful counsel at any phase of the criminal legal process

No constitutional obligation that the government must pay

Lack of Reform:Lack of Reform:Congress’s ActionsCongress’s Actions

In 1996, Congress cut funding for the nations In 1996, Congress cut funding for the nations 20 death penalty resource centers, 20 death penalty resource centers, eliminating major resources for indigent eliminating major resources for indigent defendants. defendants.

Now, only about a dozen of the 38 states with Now, only about a dozen of the 38 states with the death penalty have state-organized the death penalty have state-organized public defender programs that handle capital public defender programs that handle capital cases.cases.

Only 8 states have specialized death penalty Only 8 states have specialized death penalty units that serve all or part of units that serve all or part of the state. the state.

Why politics matters?Why politics matters?

Focus on “tough on crime” over equal Focus on “tough on crime” over equal justicejustice $97.5 Billion spent annually on criminal $97.5 Billion spent annually on criminal

justicejustice Half of these funds go to police & prosecutorsHalf of these funds go to police & prosecutors Only 1.3% of annual federal funds and only 2% Only 1.3% of annual federal funds and only 2%

of combined federal and state funds go to of combined federal and state funds go to Indigent Defense.Indigent Defense.

David Dow: Executed on a TechnicalityDavid Dow: Executed on a Technicality

““We do not need the Vickers cases—or any other case I We do not need the Vickers cases—or any other case I have discussed in this book—to teach us that there is have discussed in this book—to teach us that there is murder and evil in our midst; that we sadly already know. murder and evil in our midst; that we sadly already know. We do need the Vickers case, and cases like it, to remind us We do need the Vickers case, and cases like it, to remind us that these inmates are in fact human, and to illuminate a that these inmates are in fact human, and to illuminate a tragic phenomenon that we remain loath to concede: In tragic phenomenon that we remain loath to concede: In death penalty cases, we have abandoned our principles. death penalty cases, we have abandoned our principles. We have replaced our lofty ideals with crass expedience. We have replaced our lofty ideals with crass expedience. The tragedy of contemporary death penalty litigation is not The tragedy of contemporary death penalty litigation is not simply that innocent victims were murdered; the further simply that innocent victims were murdered; the further tragedy is that we use those murders as excuses to violate tragedy is that we use those murders as excuses to violate our constitutional values. We defile ourselves and innocent our constitutional values. We defile ourselves and innocent victims by using the victims as pretexts. By willfully victims by using the victims as pretexts. By willfully ignoring that death row inmates are human beings, we say ignoring that death row inmates are human beings, we say that the “animals” deserve to die; and since it is only an that the “animals” deserve to die; and since it is only an animal after all, the ends justify the means. Death penalty animal after all, the ends justify the means. Death penalty law is not law at all. It is the rule of the mob law is not law at all. It is the rule of the mob (Dow 2005: (Dow 2005: 176-177). “176-177). “

Key Focal Points of the BookKey Focal Points of the Book

Ineffective Assistance of CounselIneffective Assistance of Counsel AEDPAAEDPA Death is DifferentDeath is Different

Tragedy v. WrongTragedy v. Wrong Retribution is not mob ruleRetribution is not mob rule