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The unsung heroes who defend the accused from the ultimate punishment What motivates someone to make a career out of defending some of the worst suspected killers of our time? In Capital Defense, Jon B. Gould and Maya Pagni Barak give us a glimpse into the lives of lawyers who choose to work in the darkest corner of our criminal justice system: death penalty cases. Based on in-depth personal interviews with a cross-section of the nation’s top capital defense teams, the book explores the unusual few who voluntarily represent society’s “worst of the worst.” With a compassionate and careful eye, Gould and Barak chronicle the experiences of American lawyers, who—like soldiers or surgeons—operate under the highest of stakes, where verdicts have the power to either “take death off the table” or put clients on “the conveyor belt towards death.” These lawyers are a rare breed in a field that is otherwise seen as dirty work and in a system that is overburdened, under-resourced, and overshadowed by social, cultural, and political pressures. Examining the ugliest side of our criminal justice system, Capital Defense offers an up-close perspective on the capital litigation process and its impact on the people who participate in it.
An absorbing account of the ways in which defense attorneys represent capital defendants, Litigating in the Shadow of Death brings to light the paramount role these attorneys have played in shaping the modern system of capital punishment. Author Welsh White explains how attorneys' skills and abilities influence the determination of which capital defendants are sentenced to death.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The Catholic Church has in recent decades been associated with political efforts to eliminate the death penalty. It was not always so. This timely work reviews and explains the Catholic Tradition regarding the death penalty, demonstrating that it is not inherently evil and that it can be reserved as a just form of punishment in certain cases. Drawing upon a wealth of philosophical, scriptural, theological, and social scientific arguments, the authors explain the perennial teaching of the Church that capital punishment can in principle be legitimate—not only to protect society from immediate physical danger, but also to administer retributive justice and to deter capital crimes. The authors also show how some recent statements of Church leaders in opposition to the death penalty are prudential judgments rather than dogma. They reaffirm that Catholics may, in good conscience, disagree about the application of the death penalty. Some arguments against the death penalty falsely suggest that there has been a rupture in the Church's traditional teaching and thereby inadvertently cast doubt on the reliability of the Magisterium. Yet, as the authors demonstrate, the Church's traditional teaching is a safeguard to society, because the just use of the death penalty can be used to protect the lives of the innocent, inculcate a horror of murder, and affirm the dignity of human beings as free and rational creatures who must be held responsible for their actions. By Man Shall His Blood Be Shed challenges contemporary Catholics to engage with Scripture, Tradition, natural law, and the actual social scientific evidence in order to undertake a thoughtful analysis of the current debate about the death penalty.
"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.
Many studies during the past few decades have sought to determine whether the death penalty has any deterrent effect on homicide rates. Researchers have reached widely varying, even contradictory, conclusions. Some studies have concluded that the threat of capital punishment deters murders, saving large numbers of lives; other studies have concluded that executions actually increase homicides; still others, that executions have no effect on murder rates. Commentary among researchers, advocates, and policymakers on the scientific validity of the findings has sometimes been acrimonious. Against this backdrop, the National Research Council report Deterrence and the Death Penalty assesses whether the available evidence provides a scientific basis for answering questions of if and how the death penalty affects homicide rates. This new report from the Committee on Law and Justice concludes that research to date on the effect of capital punishment on homicide rates is not useful in determining whether the death penalty increases, decreases, or has no effect on these rates. The key question is whether capital punishment is less or more effective as a deterrent than alternative punishments, such as a life sentence without the possibility of parole. Yet none of the research that has been done accounted for the possible effect of noncapital punishments on homicide rates. The report recommends new avenues of research that may provide broader insight into any deterrent effects from both capital and noncapital punishments.
The unsung heroes who defend the accused from the ultimate punishment What motivates someone to make a career out of defending some of the worst suspected killers of our time? In Capital Defense, Jon B. Gould and Maya Pagni Barak give us a glimpse into the lives of lawyers who choose to work in the darkest corner of our criminal justice system: death penalty cases. Based on in-depth personal interviews with a cross-section of the nation’s top capital defense teams, the book explores the unusual few who voluntarily represent society’s “worst of the worst.” With a compassionate and careful eye, Gould and Barak chronicle the experiences of American lawyers, who—like soldiers or surgeons—operate under the highest of stakes, where verdicts have the power to either “take death off the table” or put clients on “the conveyor belt towards death.” These lawyers are a rare breed in a field that is otherwise seen as dirty work and in a system that is overburdened, under-resourced, and overshadowed by social, cultural, and political pressures. Examining the ugliest side of our criminal justice system, Capital Defense offers an up-close perspective on the capital litigation process and its impact on the people who participate in it.
ISBN: 978-1-63425-914-9 2017, 416 pages, 6 x 9, Paperback and E-Book Loaded with practical case studies, surveys, checklists, and appendices provided by top litigation experts from across the nation, Tell the Client's Story provides litigation teams the best strategies for effective mitigation work in criminal and capital cases. This book will benefit seasoned defense professionals, while also providing crucial guidance for attorneys and other professionals with limited or no experience in mitigation techniques.
This book investigates the use of duress as a defence in international criminal law, specifically in cases of child soldiers. The prosecution of children for international crimes often only focuses on whether children can and should be prosecuted under international law. However, it is rarely considered what would happen to these children at the trial stage. This work offers a nuanced approach towards international prosecution and considers how children could be implicated and defended in international courts. This study will be of interest to academics and practitioners working in international criminal law, transitional justice and children’s rights.