Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Why is the Senate wasting time with a capital counsel hearing?

By Douglas A. Berman

As detailed here, a Senate Judiciary Subcommittee held a hearing earlier this week on "The Adequacy of Representation in Capital Cases." Senator Russ Feingold (D-WI) presided over the hearing, and here is the start of his statement at the start of the hearing: As a result of the litigation before the Supreme Court challenging the constitutionality of lethal injection as a method of execution, there is currently a de facto moratorium on executions in this country. This presents us with an opportunity while executions are paused to take stock of one of the most serious problems still facing many state capital punishment systems: the quality of representation for capital defendants. That is the purpose of this hearing.No disrespect meant, but why is the Senate wasting time, money and energy "taking stock" on the quality of representation for capital defendants?  Anyone and everyone who honestly assesses the operation of state capital punishment systems should acknowledge that (1) in some states, far too little time, money and energy is spent on the initial representation of defendants charged with murder, and (2) in most cases, far too much time, money and energy is spent on the appellate representation of defendants sentenced to death for the worst murders...continue to full post

Full post as published by Sentencing Law and Policy on April 10, 2008 (boomark / email).