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A Bibliography of Social Science Studies Useful in Capital Defense.
Capital Defense Network.
This Web site includes resources on proportionality, discrimination, and capital juries.
Capital Defense Weekly.
This weekly provides updates on cases and scheduled executions, information on CLE training, and links to legal information.
Law Review and Journal Articles on the Death Penalty.
Death Penalty Information Center.
These Web pages provide law-review and journal articles on 28 different topics relating to the death penalty.
Hicks, Wendy L.
The System-Wide Effects of Capital Punishment on the Criminal Justice System: The Use of Computer Modeling in Death Penalty Research.
(Fall 2006).
This paper strives to examine issues surrounding capital punishment utilizing a systems analysis approach, to look at the way capital punsihment impacts the criminal justice system as a whole.
Mandatory Justice: The Death Penalty Revisited.
(2006).
In 2001, the Constitution Project released "Mandatory Justice: Eighteen Reforms to the Death Penalty", which contains the consensus recommendations of a diverse group judges, prosecutors, defense lawyers, reporters, victims and corrections employees. Since then, courts and state legislatures around the country have instituted changes that, for the most part, improve the accuracy of their capital punishment systems. This report is a follow-up on the original work.
Death Without Justice: A Guide for Examining the Administration of the Death Penalty in the United States.
Chicago: American Bar Association, Section of Individual Rights and Responsibilities (June 2001).
This report is designed as a tool to aid leaders and policymakers interested in evaluating and reforming the administration of the death penalty.
Mandatory Justice: Eighteen Reforms to the Death Penalty.
Washington, DC: Constitution Project (2001).
The first three reforms target the problem of ineffective assistance of counsel. The recommendations follow an overview of the problem.
Hanson, Roger and Henry Daley
Federal Habeas Corpus Review: Challenging State Court Criminal Convictions.
Bureau of Justice Statistics (September 1995).
This study attempts to answer such questions as "Is a Federal examination of issues already adjudicated in the State courts necessary to preserve individual constitutional rights? Is swift and sure punishment, a goal of the criminal justice system, compromised or maintained by review? Are the courts in control of habeas corpus litigation or do these cases take on lives of their own?
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Death Penalty Representation Project.
American Bar Association.
This project's goal is to work for systemic changes in the criminal justice system that would ensure those facing death are represented at all stages of the proceedings from trial through clemency by qualified, adequately compensated counsel.
Resolution 18: Competent Counsel and DNA Testing.
Conference of Chief Justices.
This resolution, adopted January 25, 2001, endorses cooperative efforts with the federal government to ensure the provision of competent counsel to defendants facing the death penalty and adequate DNA-testing procedures in criminal proceedings.
Resources for Managing Capital Cases.
Federal Judicial Center.
This site is designed to assist judges with case management issues in capital cases, including federal death-penalty prosecutions and capital habeas cases. This site will be of interest to capital counsel as well as to judges.
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Cost of the Death Penalty.
The Death Penalty Information Center.
This Web page provides links to various state studies and reports relating to analyzing costs associated with the death penalty.
Final Report of the Death Penalty Subcommittee on the Committee on Public Defense.
Washington State Bar Association. (December 2006).
This report describes how the death penalty operates in Washington, analyzes the cost of death-penalty cases and the compensation of attorneys who handle death-penalty cases, and provides recommendations for improvement.
Costs Incurred in Capital Cases: A K-Goal Audit of the Department of Corrections.
Legislative Division of Post Audit State of Kansas. (December 2003).
This report explores death-penalty costs at state and local levels. The report found that cases in which the death penalty was sought and imposed could cost about 70 percent more than cases in which the death penalty was not sought.
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Cornell University Death Penalty Project.
This project provides an opportunity for Cornell students to participate in the representation of death-sentenced inmates and to provide information, resources, and assistance to attorneys involved in representing capital clients.
Death Penalty and Capital Habeas Corpus Training Programs for Defense Counsel.
Capital Defense Network.
This site includes an updated list of dates and locations for training programs.
Northwestern University Bluhm Legal Clinic, Center on Wrongful Convictions.
Northwestern University.
This center is dedicated to identifying and rectifying wrongful convictions. Links to additional publications and resources are also provided.
University of California-Berkeley Death Penalty Clinic.
The clinic's mission is to offer a program that helps students develop outstanding legal skills and to serve clients facing capital punishment.
University of Michigan Clarence Darrow Death Penalty Defense College.
This college holds a five-day seminar open to defense attorneys who have pending capital cases.
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Death Penalty Moratorium Implementation Project.
American Bar Association.
This Web site provides a host of information on moratorium projects, court cases, and legislation across the country. A comprehensive list of FAQs is provided.
Innocence and the Death Penalty.
Death Penalty Information Center.
Exonerations by state and year are provided along with news and developments on exonerations and innocence projects.
The Innocence Project.
Northwestern University Center on Wrongful Convictions.
This project provides current statistics on wrongful conviction as well as links to literature and studies on this topic.
Gramlich, John, and Daniel C. Vock.
"Lethal Injection Goes on Trial, But Goes On."
Stateline.org (August 2007).
This article discusses recent challenges to lethal-injection procedures. Lethal injection is now on hold in 10 states: California, Delaware, Florida, Kentucky, Maryland, Missouri, New Jersey, North Carolina, Ohio, and Tennessee.
Ramsey, Robert J.
"Wrongful Conviction."
Crime and Delinquency, vol. 53, no. 3 (2007).
The author examined the perceptions of 798 criminal-justice professionals regarding the frequency of system errors and wrongful felony conviction.
Karen F. Parker et al.
``Race, Death Penalty, and Wrongful Convictions``.
Criminal Justice Magazine (September 2003).
This article provides an extensive review of the literature on race, the death penalty, and wrongful convictions. The author also provides links to the power-threat theory, death row, and wrongful covictions and discussses the changing social and political climates.
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Death Penalty Information Center.
Considered the premier source for information on the death penalty, this Web site provides fact sheets, an execution database, an e-mail service, information on the history of the death penalty, costs, and clemency.
Lethal Injection Web-Based Clearinghouse.
Death Penalty Clinic at U.C. Berkeley School of Law.
This clearinghouse provides information about lethal injection and challenges to lethal injection as a method of execution.
State-by-State Death Penalty Information.
Death Penalty Information Center.
Provides information on the death penalty and executions in each state.
Virginia Capital Case Clearinghouse.
Washington and Lee University School of Law.
This Web site contains information that will aid lawyers involved in capital cases. It provides litigation guides, data on capital litigation, a capital-defense listserv, capital-defense seminars, and links to articles from the Capital Defense Journal.
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American Bar Association Death Penalty Representation Project.
The goals of this project, begun in 1986, are to better inform the bar and the public about the lack of representation available to death-row inmates; to recruit competent volunteer attorneys; and to offer counsel training and assistance.
National Association of Criminal Defense Lawyers.
This Web site includes a list of articles pertaining to the death penalty.
National Legal Aid and Defender Association.
This is the home page for the National Legal Aid and Defender Association. Included on the Web site is information about NLADA, civil and defender resources, conferences, training seminars, and jobs.
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Capital Punishment Statistics.
Bureau of Justice Statistics, U.S. Department of Justice (January 2007).
A collection of annual capital-punishment statistics from the 50 states, the District of Columbia, and the federal government.
Capital Punishment, 2005.
Washington, DC: U.S. Dept. of Justice, Office of Justice Programs, Bureau of Justice Statistics (December 2006).
This report details the statistical information of death-row inmates. Topics include the numbers of death-row prisoners, the numbers of executions, types of executions, and the racial and gender makeup of death-row inmates.
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Baze v. Rees.
Supreme Court of the United States, No. 217 SW3rd 207 (September 2007).
This Supreme Court order granted the petition for a Writ of Certiorari on September 25, 2007. This case was based on a stay of execution granted for Earl W. Berry from Kentucky. The issue is not the constitutionality of lethal injection, but rather a more procedural question on how judges should evaluate claims that a particular combination of drugs used in the execution causes suffering that amounts to cruel and unusual punishment in violation of the Eighth Amendment. The case will be argued in January 2008.
Uttecht v. Brown.
Supreme Court of the United States, No. U.S. 60-413 (June 2007).
The Supreme Court upheld the actions of a trial court where the trial court dismissed a juror who would impose the death penalty in only extreme situations. The U.S. Ninth Circuit Court of Appeals ruled that the juror was not impaired in his abilities to perform and, therefore, should not have been dismissed. In a 5-4 decision, the Supreme Court ruled that appellate courts "owe deference to the trial court, which is in a superior position to determine the demeanor and qualifications of a potential juror."
Roper v. Simmons.
Cornell University Law School, No. U.S. 03-633 (March 2005).
The Supreme Court holds that juveniles cannot be executed for crimes committed as a minor given that the Eighth Amendment prohibits the juvenile death penalty as cruel and unusual punishment. The majority reasoned that juveniles lack maturity and are less culpable than adults.
Atkins v. Virginia.
Cornell University Law School, No. U.S. 00-8542 (June 2002).
The Supreme Court holds that mentally retarded criminals cannot be executed under capital punishment. The Court finds that the Eighth Amendment prohibits the death penalty for mentally retarded defendants as cruel and unusual punishment.
Bell, Warden v. Cone.
Cornell University Law School, No. U.S. 01-400 (May 2002).
This link explains the Supreme Court case concerning a defendant's "ineffective assistance during his sentencing hearing."
Abu-Ali Abdur`Rahman v. Bell.
United States Court of Appeals for the Sixth Circuit (April 2002).
226 F.3d 696 (6th Cir. 2000), cert. granted, 535 U.S. (U.S. Apr. 22, 2002) (No. 01-9094). This case arises from a petition for writ of habeas corpus challenging the death sentence of the petitioner on grounds that he received ineffective assistance of counsel in the sentencing phase of his trial.
Mickens v. Taylor, Warden.
Cornell University Law School, No. U.S. 00-9285 (March 2002).
This Supreme Court case involves a defendant who "was denied effective assistance of counsel because one of his court-appointed attorneys had a conflict of interest at trial."
Williams v. Taylor, Warden.
Cornell University Law School, No. U.S. 98-8384 (April 2000).
This Supreme Court case involves the defendant "counsel’s failure to discover and present significant mitigating evidence [which] violated his right to the effective assistance of counsel under Strickland v. Washington."
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Johnson, Allen C.
Capital Cases Benchguide: Wyoming District Courts.
Wyoming Supreme Court (1999).
This benchguide is organized into ten chapters: Scope of Benchguide, Notice of Death Penalty and Counsel, Case Management, Motions Practice, Media and Security, Jury Selection and Jury Management, Trial Phase, Sentencing Phase, Post Conviction, and other Death Penalty Topics. (KFW4765 .C2 .J64)
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