SACRAMENTO Calif. (Reuters) - California's system for imposing and carrying out the death penalty is so long and drawn-out that it amounts to cruel and unusual punishment and thus is unconstitutional, a federal judge ruled on Wednesday.I agree. It is too long and drawn out. But that's just an argument to shorten it considerably. Do away with 20 years of appeals which do nothing but make defense lawyers rich.
Sorry to disappoint you, but the truth is that defense attorneys can make more money by turning down death penalty appeals, which are most often done by court appointment at a rate that is pennies on the dollar. The fees also frequently are capped.
Moreover, those with venomous disdain for the legal profession for accepting the constitutional mandate to provide a vigorous defense for everyone charged with a crime is ignorant of the fact that those, who most appreciate the role of defense counsel in life-sentence and death penalty appeals, are prosecutors, court administrators and judges. Without defense counsel to filter and provide order to grievances and petitions by producing pleadings addressing real issues, you would see real chaos.
Much of the long term litigation on death appeals is brought by non-profit defender associations, who have a record of overturning convictions for innocent people serving life sentences.
