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Once again,
because when you understand this concept you have a basis for
understanding all death penalty litigation; the death
penalty is part of the political process and not an effective or
meaningful part of the criminal justice system.
The political process that encompasses the death penalty
obviously involves the legislative decision makers, but more
devastatingly, it also involves the charging entity, the judiciary and
the clemency decision makers. This statement is vital to
understanding the plight of the pawns and the things that can be done to
alleviate their plight.
What ability does an accused person have to defend against these
political forces?
The United States Constitution's Amendment VI provides that,
"[I]n all criminal prosecutions, the accused shall . . . have . . .
the assistance of counsel for his defenses."
Resources, including financial means, mental stability, formal
education, maturity and communication skills are generally lacking in
the universe of the persons eligible for Death Row U.S.A.
Advocates for death row eligible persons need skills to fill the
gaps of the deficiencies in their clients' survival skills.
Additionally, these advocates need the ability to replace the
existing deficiencies with substitute skills. This
assistance is woefully absent.
Trained advocates are needed for front-end representation, not
legally trained mourners to administer last rites. The legal
community in Kansas has an opportunity to structure its death penalty
representation different from the structure in other states.
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