Sample Thesis Paper
The ABA’s 1997 law for a national cessation on capital punishments was principally motivated by apprehension that the states had not gone far enough in ensuring the appointment of competent defense counsel in capital cases. There are large number of stories about disgraceful illustration provided to impoverished defendants on trial for their lives—stories involving sleeping lawyers, intoxicated lawyers, lawyers wholly unfamiliar with death penalty law and procedures, lawyers making racist remarks about their clients, lawyers who ended up disbarred and even incarcerated shortly after representing their clients, and lawyers lacking the experience and resources to mount any semblance of an effective defense. The ineffective service of defense counsel is a root cause of many of the administrative problems associated with capital punishment, and in many jurisdictions it remains an issue in need of urgent attention.
A number of factors can be expected to correlate with the excellence of illustration provided in capital cases, including payment levels for lawyers and the investigators and experts with whom they work; standards governing experience, training, and overall quality of counsel; whether a specialised capital defense unit is created, or whether a system relying on public defenders or private, court-appointed counsel is utilised; whether trial judges or an independent agency assumes responsibility for appointing attorneys; the number of appellate, trial and post assurance counsel appointed; and others. The constitutional set for evaluating unproductive support of advocates, showed within the case for assets of Strickland v. Washington (1984), 9 falls far short of ensuring top-flight legal representation for capital defendants. (Moore, 301). As a consequence, legislative or administrative action that goes beyond the constitutional threshold imposed by the Supreme Court is imperative if meaningful reforms are to be achieved in this vital aspect of capital punishment systems. There is likely to be no area in need of more immediate consideration by commissions with the power to advise or ratify changes in how the death penalty is applied than the selection of competent and sufficiently funded counsel to symbolise impoverished capital defendants.