Earlier this month, Herman Lindsay was freed from Death Row after the Florida Supreme Court ruled that there just wasn’t enough evidence to find Mr. Lindsay guilty of anything — much less sentence him to death. Herman Lindsay became a free man this month, after being tried and convicted in 2006 for the robbery and
July 2009
The Death Penalty in Japan – Three Executions This Week
Here in the United States, it depends upon which state you’re considering — some states have the death penalty, some do not. Some are zealous in executing those on Death Row (think Texas), others have inmates living on Death Row for years and years (think Oregon).
However, in Japan, things are different. Japan has…
Pending Senate Bill Will Expand Federal Death Penalty
Last week, as an amendment to the Department of Defense fiscal authorization bill to cover 2010 expenses, the U.S. Senate passed the Matthew Shepard Hate Crimes Prevention Act.
This week, the Senate passed an amendment to the Act – and if this becomes law, it will allow capital punishment for those found guilty of hate…
Considering the Importance of Sonya Sotomayor and Capital Punishment, looking back to Furman v. Georgia and its 5 -4 vote
The news has been filled this week with the questioning of the Latina who may well be our next U.S. Supreme Court Justice, and some may be wondering why all the hoopla. Well, let’s look back to 1972, where one single justice’s vote successfully halted capital punishment in this country for four years.
Last Words from Death Row Inmates
TruTV has published a collection of the last words uttered by those executed in various states across this country, just before they died. And while some may feel that these efforts of TruTV are sensational tabloid marketing, ghoulish and crass — there is another argument to be made.
All too often, those living on Death…
Claire Phillips’ Portraits of Death Row – Foreign Citizens Sentenced to Die
Claire Phillips is a British artist who has traveled throughout the United States on a tour of Death Row facilities. Although she’s not allowed to bring any of her tools of the trade with her – no sketchbooks, no brushes, no palette knives or pens – she spends sufficient time with her chosen subjects to…
Recommended Websites: Jeffrey Deskovic Speaks
Jeffrey Deskovic has a unique story, and with it comes a perspective that can help us all understand the American criminal justice system a bit better than before. You see, Mr. Deskovic spent 16 years in prison for a murder and rape for which he was innocent.
Arrested when he was only 16 years old,…
In Depth Look at the Law: The Judges’ Dilemma: They Have to Meet the Constitutional Mandate of an Indigent Defendant’s Right to Effective Assistance of Counsel
At this juncture, we’ve got lots of criminal defendants needing constitutionally-guaranteed representation, and an overwhelmed public defender’s office as well as a beleaguered OCCCRC. So, who’s next at bat? The private attorney licensed by the State of Florida.
Let’s consider the complex criminal case. Major felonies, multiple defendants. Criminal cases that involve more than two indigent co-defendants (or any case where both the Public Defender and the OCCCRC both have a conflict of interest) are handled by private criminal defense attorneys, who are then paid by the government for their time and expenses. Chapter 2007-62, § 27.40(2)(a), Fla. Stat. (2007).
How Big Was the Loss of Attorneys Willing to Take Appointments after 2007? Huge. HUGE.
Earlier, we discussed how the 2007 revision to the appointment statutes caused many criminal defense attorneys to take their names off the county lists of attorneys voluntarily making themselves available for appointment. It was not because these attorneys didn’t want to represent the poor people of Florida – the changes in the statute made it impossible for them to do so. Many defense attorneys simply could not afford to do the work and stay open for business.
One news report has shown that after the Legislature’s action in 2007, the appointment list for the Tenth Judicial Circuit dropped sixty percent (60%), leaving just one (yes, 1) lawyer who was legally qualified to defend someone, as lead attorney, in a capital case. (Don’t you know that is one busy lawyer?)
Practically speaking, in the criminal courtrooms of Florida, defendants continue to come before the bench and announce themselves as unable to pay for legal counsel on their own. According to Gideon v. Wainwright, 372 U.S. 335, 83 S. Ct. 791 (1963) and its progeny, these folk are still deserving of legal assistance (the proverbial “effective assistance of counsel” under the 6th Amendment) and the government must provide them with an attorney. The judge has a legal duty he must meet.
Faced with Gideon, what are Florida Judges doing? Throwing attorneys under the bus sounds harsh, unless you’re the attorney caught in the crossfire. Because that judge has to find an attorney somewhere, and the Legislature isn’t giving that judge much of a choice.
Continue Reading In Depth Look at the Law: The Judges’ Dilemma: They Have to Meet the Constitutional Mandate of an Indigent Defendant’s Right to Effective Assistance of Counsel
Innocent Man May Be Executed in Georgia – The Troy Davis Case
Around twenty years ago, a cop was gunned down in Savannah and Troy Davis was caught and convicted for the crime. Nineteen years old at the time, he was sentenced to die, and he has watched all this time pass – 1989 to today – from a small, bleak Death Row cell over in Georgia.…