Inquirer Editorial: Income shouldn't decide the quality of justice

October 26, 2011
  • Nearly one-third of the 381 capital convictions in Pennsylvania have been sent back for new hearings or reversed since the modern death penalty took effect in 1979. Mistakes by defense lawyers were so obvious that they deprived the accused of a fair trial.

What defendant on trial for his life would willingly turn to a divorce lawyer with no experience in death-penalty cases?

Or to an attorney who had prepped for all of 15 minutes?

Or a Bible-quoting counsel who rattled off the one verse that, whoops, convinced jurors to hand down a death sentence?

As it turns out, dozens of people on trial for murder in Pennsylvania have had to rely on such ill-prepared, inept, and incompetent court-appointed counsel provided when defendants couldn't afford an attorney.

These are attorneys who - mostly because they're paid a pittance to prepare a complex death-penalty defense - prove to be well short of the task. The problem has been long-known, but it's finally gotten the full attention of the state's highest court.

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In September, the Pennsylvania Supreme Court named a veteran Philadelphia judge, Benjamin Lerner, to investigate the compelling accusation of a Philadelphia-based death-penalty defense group that the courts are scrimping on justice by shortchanging the poor in capital cases.

That's a welcome and overdue step by the Supreme Court - a point driven home even more by an Inquirer review of death-penalty cases published Sunday.

In nearly one out of every three capital convictions stretching back over three decades, the courts have reversed or sent cases back for new hearings due to inadequate representation.

With so many botched legal defenses, no Pennsylvanian can be assured that the state's system of capital punishment is being administered fairly.

Judge Lerner has been given a short timetable to conduct an inquest into the claims raised by the Atlantic Center for Capital Representation that Philadelphia's fees for court-appointed counsel, in particular, are less "than any remotely comparable jurisdiction in the country."

The likely remedy appears to be pretty clear-cut: Increase attorney fees, which also should expand the pool of qualified lawyers who would be willing to take on these assignments.

Better yet, Pennsylvania should follow New Jersey's example and scrap the death penalty altogether.

That's the right thing to do, and it's also a far less costly means of assuring that the outcome of murder trials is just, and that the punishment for first-degree murder - life without parole - is a certainty, providing needed closure for victims' families.

 

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