Thursday, October 10, 2013
Russell Stetler and W. Bradley Wendel (Office of the Federal Public Defender, Oakland and Cornell University - School of Law) have posted The ABA Guidelines and the Norms of Capital Defense Representation (Hofstra Law Review, Vol. 41, p. 635, 2013) on SSRN. Here is the abstract:
Courts interpreting effective representation should look at authoritative statements of what counsel ought to do (such as the ABA Guidelines), rather than what may be customary among practitioners whose clients frequently end up on death row. Most cases avoid death sentences, and the standards are established by practitioners who represent capital clients successfully.