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Legal News

: Lawbeat

Capital punishment's price tag

By Mark Obbie

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Jeffrey Toobin's New Yorker feature on the Brian Nichols case breaks little new ground. But, for those of us outside Georgia who haven't followed every blip in the case, it serves as a thorough, thoughtful summary of a case that has ground to a halt over arguments concerning the state's financing of Nichols' defense. Nichols is charged in the murders of four people -- a judge, court reporter, deputy, and federal agent -- in a shockingly violent March 2005 Atlanta courthouse escape. Though Toobin covers familiar ground, this is no mere clip job. His on-the-scene reporting, interviews with key players and experts, and fluid storytelling render an emotional political case in nuanced detail. And he has, perhaps appropriately, no clear pro-prosecution or pro-defense point of view. Here's his nut-graf description of the message to take away from the case thus far:
The Nichols case illustrates a troubling paradox in death-penalty jurisprudence: the more heinous a crime -- and the more incontrovertible the evidence of a defendant's guilt -- the greater the cost of the defense may be. . . . [S]pending large sums of public money on the defense in capital cases is politically incendiary, and in Georgia the consequences may be cataclysmic.
Via How Appealing.

Full post as published by Lawbeat on January 28, 2008 (boomark / email).

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