NCJ Number
131523
Journal
Columbia Law Review Volume: 90 Issue: b Dated: (October 1990) Pages: 1665-1714
Date Published
1990
Length
50 pages
Annotation
The administration of capital punishment is criticized as an affront to the criminal justice system.
Abstract
This criticism centers on the role of the Federal courts in the capital litigation process rather than the multiple State judiciaries. In about 40 percent of the cases reaching the Federal courts of appeal by way of habeas corpus petitions, those courts have granted relief of death sentences and sometimes convictions. The relatively slow pace of executions and the time-consuming legal attacks on judgments in individual cases contribute to a widespread breakdown of the system. In contrast, there is the criticism that the indigent and mentally unstable receive inadequate representation at trial from inexperienced lawyers. One solution to this problem is to accord death-sentenced prisoners one full opportunity for State and Federal review of their claims with representation by adequate counsel. They would also receive an automatic stay to free them from pressure of execution, but the time for filing a habeas petition would be subject to a statute of limitations. Another solution would be to abolish the death penalty altogether, with the assumption that its administration will always suffer severe systemic ailments. 290 notes