When a federal prosecutor decides to seek the death penalty, he forwards that recommendation to a special Justice Department committee. A defendant's lawyers are allowed to present a rebuttal to the committee. The panel then makes a recommendation to the attorney general, who makes the final decision. This deliberative process contrasts sharply with the scant review that state prosecutors usually receive. Even more noteworthy are federal requirements that capital-case defendants have at least moderately competent lawyers.
Shoddy defense is among the most often-cited reasons for wrongful conviction in capital cases.
In contrast, states like Illinois have no guidelines for lawyers representing capital-case defendants. A recent Tribune series found that 33 Death Row inmates were represented by lawyers who had been or were later disbarred or suspended. I'm not going to say the federal process has all the most apparent, stark defects that the majority of the states do. Capital punishment opponents nonetheless consider the federal system seriously flawed. Some allege, for example, that racial bias sways decisions on whether to seek the death penalty.