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Death
Penalty in America, Legal Studies 485, Spring 2003 |
04-03-03
Class discussion questions
1. What are some of the things an inexperienced or incompetent lawyer can do (or not do) that would increase a capital defendant’s chances of getting the death penalty?
2. What does the term “effective assistance of counsel” mean to you? What resources are the bare minimum that you think a capital defendant’s lawyer should have? How much do think this might cost, per case?
3. Go through the reasons the author cites for the pervasive inadequacy of counsel for the poor. (P 279-292) For each reason, discuss what would have to be done to rectify the situation.
4. Why do think state courts tolerate the present system where indigent capital defendants are routinely denied effective assistance of counsel? (P. 293-299)
5. What is the standard the U.S. Supreme Court laid down in Strickland v. Washington to determine if the Sixth Amendment’s right to counsel has been violated? (P. 288) Do you think it’s fair that, according to the author, “courts employ a lesser standard for judging the competence of lawyers in a capital case that the standard for malpractice for doctors, accountants, and architects.”
6. The author says that “What is lacking is not money, but the political will to provide adequate counsel for the poor in capital and other criminal cases.” (P. 296, bottom paragraph) Do you agree or disagree? Explain.