Over the years, the Project not only has commissioned studies on the availability and quality of counsel for individuals facing capital prosecution and execution, it currently is the leading national organization working to secure and provide volunteer legal assistance for indigent death row inmates throughout the nation. In our view, those two steps significantly heightened the risk that an innocent person some day will be executed. In the last two decades, the ABA has extensively reviewed the administration of the death penalty in this country. In that review, the Association has found a legal process stood on its head. Inadequate, indeed, often grossly inadequate, resources are devoted to state court trials, appeals, and post-conviction review of capital cases.
Similar limits are in place in other states.
Only one or two states provide full compensation. A number of states also cap reimbursable investigative expenses at levels that only contribute to the ineffectiveness of trial counsel. Even when experienced and competent lawyers are available, they often are overworked, and financially unable to handle more than one capital case. In such a system, it is not surprising that the inexperienced and untrained lawyers who often handle capital cases in many states 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 result of the failure of states to provide adequate representation in state trial, appellate, and post-conviction proceedings is predictable.