| WHAT TO DO TO CHANGE THE PACE | ||
What can be adjusted to change the PACE? There are things that can change the PACE in an individual case, and there are things that can make systemic changes. Oftentimes, the things that make individual changes ultimately help to make systemic changes. First, let's look at things that can change the PACE in individual cases. Now, as pre-Furman nothing has been more effective in creating fairness in the death penalty process than strong, well-financed counsel at the earliest stage in the legal process. However, the later in the process that effective counsel becomes involved, the less influence that counsel can have on the sentence. Even the most highly qualified counsel will have little effect on the PACE if they do not become involved at the earliest stages. The PACE not only affects the ability of counsel to function as they normally would function in other representations in the criminal justice system, it additionally diminishes counsel's incentive to withstand the resistance of the previously mentioned political entities who have a large stake in obtaining the death sentence for the PACE candidate. Only by understanding the PACE, and, more importantly, understanding the motivations of the political actors who control the PACE, can we hope to stop the death penalty process in an individual case, or in society as a whole. The question then becomes, “How do we adjust the political appetite and expel the myth that executions are a `clean' way to solve the problems of violence in our society?” In individual cases, raising issues of unfairness of the participants in the criminal justice process -- not just unfairness in the case-in-chief but in all aspects of these participants' lives -- is certainly one way to remove that individual client from the PACE. The exposed unfairness often not only produces results in an individual case, but has a lasting effect, providing systemic benefits within the political subdivision. Counsel who think that they are "trying" an individual death penalty case and do not understand the necessity of confronting and exposing the wrongdoings of the PACE decision makers, are just spinning a roulette wheel for their client's life. WARNING, WARNING: it can be dangerous to your client's life for you to fulfill your duty to this individual client believing that there is some systemic appellate net of protection under your performance. Don't rely on systemic issues to rescue your performance in an individual case. This hasn't worked since Furman. Generally, systemic changes come at a very slow rate. Emotional events bring about these changes most often. Notable events that will be meaningful in reducing the PACE are the public statements such as those by former Justices Powell and Blackmun to the effect that the death penalty is wrong. These statements may not mean much to a large number of lay citizens. The statements are, however, important to the judges and lawyers aware of the many people executed because they did not have the votes of these jurists when they sat on the Supreme Court. The book, Dead Man Walking, by Sister Helen Prejean, has done as much as anything to open a dialog with the general public about the fairness of the death penalty process. This book is written in an interesting style that attracts the attention of a diverse segment of the population. Judges, lawyers, prosecutors, families of victims, and prison officials find some solace in reading the book and listening to Sister Helen relate her experiences during lectures initiated by the notoriety that the book has given her work. Most unfortunately, the movie, Dead Man Walking, is a betrayal of truth, a betrayal of the inmates who were spiritually advised by Sister Helen and a betrayal of the people who worked with Sister Helen in assisting the inmates.
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