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Speaking of the death penalty…

execution

Poor death row inmates in Alabama don’t have lawyers. And that’s really too bad, but to expect otherwise would be one of your hippie liberal pipe-dreams:

Nobody much likes the fact that Alabama does not provide indigent death row inmates with lawyers.

”Perhaps, in a perfect world, every inmate would have a lawyer at the ready at all times,” the state’s attorney general told a federal appeals court in a brief defending the practice last year. ”But we live in the real world.”

Three judges on that court, the United States Court of Appeals for the 11th Circuit, in Atlanta, also made sympathetic remarks about a utopian alternate reality in which prisoners about to be executed might actually be provided with lawyers.

”If we lived in a perfect world, which we do not, we would like to see the inmates obtain the relief they seek,” Judge Joel F. Dubina wrote. The court unanimously rejected a class action suit from inmates asking for lawyers.


No, it’s not that there just aren’t lawyers — it’s that the state of Alabama refuses to provide attorneys to death row inmates who can’t afford them.

Alabama has about 200 people on death row. Few of them, presumably, have legal training or money to hire lawyers.

Yet if they are to challenge their convictions or sentences, they must master the hyper-technical intricacies of Alabama’s rules of criminal procedure, conduct investigations from behind prison walls and prepare and file their own petitions for post-conviction relief. The deadline is one year, after which Alabama courts close their doors.

The attorney general’s office cuts the inmates no slack, seeking and getting dismissals of the prisoners’ petitions for all manner of procedural shortcomings.

And that isn’t the only roadblock they throw up:

If a petition survives, a judge has the option but not the obligation to appoint a lawyer. Even then, there is a catch: the cap on compensation is $1,000, which will buy you an hour or two of a New York lawyer’s time but must pay for the hundreds of hours of work that goes into a habeas petition. A properly prepared petition is based on painstaking review of the trial transcript and appellate record, witness interviews, other investigation and extensive legal research.

Lawyers put years into their death penalty cases. They spend hundreds and even thousands of hours on them. $1,000? No matter how good-hearted a lawyer is, chances are they still have to pay their own bills. And $1,000 for years of work isn’t going to do it.

An Alabama death row inmate lucky enough to get a lawyer will have one who is willing to work for less than the minimum wage.

Alabama responds by pointing to the quality of the volunteer lawyers who do often take on capital cases there.

”The overwhelming majority of Alabama death-row inmates enjoy the assistance of qualified (and often über-qualified) counsel in collaterally attacking their convictions and sentences,” the state’s lawyers told the appeals court. (Über-lawyers are apparently the sort who usually work for more than the minimum wage.)

That is pretty circular. Since good lawyers occasionally agree to fill the gap created by Alabama’s refusal to provide any lawyers, the argument goes, the state may continue to provide no lawyers.

It’s repulsive logic. There are certainly some extremely talented attorneys who dedicate their time and efforts to defending death row inmates in Alabama — among them are Bryan Stevenson, Anthony Amsterdam and Randy Susskind of the NYU School of Law Capital Defender Clinic and the many good people of the Equal Justice Initiative of Alabama — but these good people do not negate the responsibility of the state to provide for the adequate defense of its citizens, particularly when those citizens are facing a criminal penalty which will take their lives.

And then there’s the blatant racism in the application of capital punishment. Consider:
-African-Americans make up 12 percent of the population, but 40 percent of death row inmates, and one-third of people executed since 1977.
-“Blacks and whites were the victims of these murders in almost equal numbers. Yet 80 per cent of the people executed since 1977 were convicted of murders involving white victims.”
-“Federal death row inmate Louis Jones became the 183rd African American to be executed in the USA since 1977 for the murder of a white person (22 per cent of all executions). In the same period, 12 whites were put to death for the murder of blacks (1.4 per cent of executions).”
-“At least one in five of the African Americans executed since 1977 had been convicted by all-white juries”
And, “In 1997, David Baldus and statistician George Woodworth examined the death penalty rates among all death eligible defendants in Philadelphia, Pennsylvania between the years of 1983 and 1993. The results of their study proved that the odds of receiving the death penalty in Philadelphia increased by 38% when the accused was black.”
-“University of Iowa law professor David Baldus found that during the 1980s prosecutors in Georgia sought the death penalty for 70 % of black defendants with white victims, but for only 15% of white defendants with black victims.”
-“Notably among the 38 states that allow the death penalty, approximately 98% of the prosecutors are white.”
-“In the fall of 2000, The U.S. Department of Justice (DOJ) released the results of an initial survey of federal death penalty prosecutions. The report shows that the federal death penalty, like its application in the states, is used disproportionately against people of color. Of the 18 prisoners currently on federal death row, 16 are either African-American, Hispanic or Asian. From 1995-2000, 80% of all the federal capital cases recommended by U.S. Attorneys to the Attorney General seeking the death penalty involved people of color. Even after review by the Attorney General, 72% of the cases approved for death penalty prosecution involved minority defendants.”

If you want to help out, consider donating to the Equal Justice Initiative.


19 thoughts on Speaking of the death penalty…

  1. Create a charity and have those Uber laywers in the big cities with good names and better bank accounts donate. Maybe the rest of us will donate too. Better yet get John Edwards to be point man on this.

    May actually give him a speck of substance.

  2. Create a charity and have those Uber laywers in the big cities with good names and better bank accounts donate

    That’s basically what the Equal Justice Initiative is. Lawyers in big cities with big bank accounts donate both money and pro-bono time to the cause.

    Problem is, that doesn’t negate the state’s responsibility to provide basic legal services for indigent clients. Uber-lawyers and uber-law-students are helping, but at some point the state has to do something.

  3. Doesn’t the Gideon decision cover this? Or does that only apply to the initial trial?

    As I understand it, Gideon has been seriously watered down over the years, and so it only applies to the first trial and the first appeal (or something along those lines). Few (if any) prisoners on Death Row are at such an early stage.

  4. Guess I don’t get it.

    Everytime I see the state (or A state) do something it usually causes more problems then it solves. I guess I have spent too much time see Government at work from the inside. I have become badly disillusioned as my real world experience increases

  5. This whole piece is so extraordinarily upsetting. And the way the judges dismiss the problem with “If we lived in a perfect world…” as if it’s not in their power to make the world a better place themselves. I’m actually rather incoherent now. Must go get a calming cup of tea.

  6. Shorter Alabama judges: “If we lived in a perfect world, everybody would be white, and then we wouldn’t have to deal with the uncomfortable possibility that somebody might require our great state to do something half-decent for black people, any black people, ever.”

  7. Maybe I’m just too damn hippy-commie, but it seems to me that if a state does not have the resources to create even the vaguest semblance of a fair process for the implementation of any policy, it is the state’s responsibility to declare a moratorium on that implementation.

    I certainly do not support the death penalty regardless of whether there’s a “fair” process surrounding it, but it seems like this should be a no-brainer to the state.

    Then again, this is ‘Bama we’re talking about, so who the hell are we kidding?

  8. Is this how the South shall rise again? By ignoring the right to counsel with a yawn and a shrug? Disgusting.

  9. Wow. I didn’t think it was possible to make Texas look good (TMK, they don’t cut off legal support once the state has decided to kill you) but ‘bama just did. If there was ever a good reason to issue a moratorium this is definitely it, but having lived in Alabama – I won’t hold my breath.

  10. Everytime I see the state (or A state) do something it usually causes more problems then it solves.

    Then I guess we’d better repeal your Second Amendment rights, too. After all, it just causes more problems than it solves for the government let you have guns when it would be easier for them to take the away. And, hey, while we’re at it, let’s get rid of First Amendment rights, too. It’s just too much trouble to say that the government can’t prevent people from saying whatever they want.

    You did get the part where having the right to an attorney is a constitutional right guaranteed by the same Bill of Rights that guarantees your right to own a gun, yes?

  11. I understand. I do. After all, there’s no need for the state to make lawyers available to death-row inmates who can’t afford them as long as there are some lawyers who will do it for cheap or free.

    Oh, and I guess there’s no need for any kind of aid to the poor at all as long as there are any private charities.

    And I guess there’s no need for civil rights laws as long as there are some people who will hire you or serve you at a public facility regardless of your race or religion or sex.

    And of course there’s no need for laws against murder or robbery or rape as long as there are some people who will neither murder nor rob nor rape.

    I see it clearly now: As long as some people have access to justice or decent treatment, it doesn’t matter how many others don’t. Yes, indeed, I do see.

  12. Ugh, this makes me sick. The whole justice system makes me sick-it shouldn’t be about who has money and who doesn’t. I don’t know how people can be so dismissive about it-oh well, we don’t live in a perfect world. Oh well then, I guess it’s ok.

    I just reread it-is it saying that death row inmates who have money CAN have a lawyer, but that ones who can’t afford it, can’t have one? Sorry, I thought it was saying that no death row inmates could have a lawyer. It’s just saying they aren’t responsible for providing a lawyer? Isn’t that like, a law or something? “If you can not afford a lawyer one will be appointed for you…”

  13. The racism in this system is so disgusting. It’s overwhelming for me to even think about all the people in prison just because they are black, or don’t have money, or whatever. It’s sickening.

  14. Sorry, nothing to add – but these two posts about prison have been the saddest thing I’ve read in a long time.

  15. Oh, yes, sorry again. I’ve been wondering where the photo comes from. It reminded me of a series of mug photos that somebody unearthed from a prison in Arkansas and posted in the Internet. What a heartbreaking collection of faces.

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