The unimaginable horror of the execution of an innocent person should give us all the resolve to do what is necessary to fix what now clearly is a broken system. Coleman said, adding that only one or two states provide full compensation in capital defense cases. Many states set limits on how much a court-appointed lawyer can receive to represent a capital defendant, and a number of states cap reimbursable investigative expenses. In such a system, it is not surprising that inexperienced lawyers often conduct inadequate factual investigations, fail to keep abreast of the complex and constantly changing legal doctrines that apply in capital litigation, and often make procedural errors that later preclude review of meritorious claims. The ABA believes the failure of states to provide adequate representation in these cases has led to serious and repeated errors that are undermining the public's confidence in the outcome of capital cases, and the justice system overall.
Capital cases are the most visible and charged of all criminal cases.
It was partly this concern that prompted the Association in 1997 to call for a halt to executions until jurisdictions that impose the death penalty adopt policies to ensure fundamental fairness and due process, and to minimize the risk that innocent persons would be put to death. With the exception of its opposition to the imposition of the death penalty on the mentally retarded or juveniles who committed their crimes when they were under the age of 18, the ABA has taken no position on the constitutionality of the death penalty. The ABA applauded the committee for including a system for appointing counsel that closely tracks the ABA Guidelines for Appointment and Performance of Counsel in Death Penalty Cases. The system would also provide for reasonable compensation of appointed counsel, payment of reasonable expenses of the lawyer, and payment of reasonable costs of support services necessary in the defense of a capital case, including investigators and experts. The ABA did not testify on Title I of the bill, which would make DNA testing available to convicted offenders seeking to prove their innocence.