NCJ Number
100430
Journal
Criminal Law Bulletin Volume: 22 Issue: 1 Dated: (January-February 1986) Pages: 18-28
Date Published
1986
Length
11 pages
Annotation
This article examines the problems and costs of guaranteeing representation of counsel to death-sentenced inmates in Federal postconviction collateral relief proceedings and proposes a solution.
Abstract
While the right to counsel is guaranteed in pretrial and trial proceedings, it has not been extended to discretionary appeals or postconviction remedies. The large and growing death row population has made finding attorneys to represent these inmates pro bono extremely difficult, and the informal network that developed to provide such representations is inadequate to the need. To alleviate this problem, it is proposed that, pursuant to the Criminal Justice Act of 1964 and the rationale of Barefoot v. Estelle, all Courts of Appeal should promulgate rules providing for the payment of costs in postconviction collateral relief proceedings in Federal courts. The costs of the solution would not be prohibitive and would ensure efficient and qualified representation for indigent death-row inmates. 42 notes.