Add Resources and Apply Them Systemically: Governments' Responsibilities Under the Revised ABA Capital Defense Representation Guidelines

Authors

Eric M. Freedman, Maurice A. Deane School of Law at Hofstra UniversityFollow

Abstract

The death penalty is expensive. For many reasons-including the reality that if the prosecution insists on the death penalty there is essentially no chance of a guilty plea, and the fact that the bifurcation between guilt and penalty that uniquely characterizes capital cases imposes double costs throughout the process of investigation, trial, and appeals -a state's decision to have a criminal justice system in which death is available as a sanction necessarily entails substantially higher costs than the contrary decision does.

Recommended Citation

Freedman, Eric M. (2003) "Add Resources and Apply Them Systemically: Governments' Responsibilities Under the Revised ABA Capital Defense Representation Guidelines," Hofstra Law Review: Vol. 31: Iss. 4, Article 4.
Available at: https://scholarlycommons.law.hofstra.edu/hlr/vol31/iss4/4