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Florida and the Death Penalty

The Gainesville Sun has a series of articles on the Florida death penalty today. Here are the statistics, year by year. Here are the stats on current death row inmates. Here are the facts about Florida's death row.

Virginia Lazarerle is the only woman inmate on Florida's death row. She continues to proclaim her innocence.

In Stacking the Deck, the Gainesville Sun editorializes that if Florida insists on keeping the death penalty, it needs to make sure that defendants get adequate lawyers. Commenting on last week's Supreme Court decision granting a new trial to a death row inmate because of ineffective assistance of counsel, the paper writes:

The court's ruling is an important one in that it will oblige lower courts to give more scrutiny to the quality of a death row inmate's defense. "We know that the death penalty is generally not reserved for the prisoners who commit the worst crimes, but rather for those with the worst lawyers," says Bonowitz. "Maybe this ruling will change that a little bit."

Hopefully, it will also prompt Gov. Jeb Bush to reconsider his "cost-saving" plan to begin firing the state-employed lawyers who now handle capital appeals in favor of turning that work over to private attorneys. Death penalty cases are complicated matters that require considerable expertise and experience. The notion of subcontracting that work out in piecemeal fashion to private lawyers who may or may not specialize in death penalty case law is truly penny wise-pound foolish public policy.

As Florida Bar President James Rinaman warned earlier this year, "Not having competent lawyers to handle these case will result in chaos and delays that are bad for the inmate and the state." That's essentially what the U.S. Supreme Court said in its ruling last week. If Florida insists on retaining the "ultimate punishment," it needs to make sure that the deck isn't stacked against the defendant.

As to proseuctorial misconduct as a cause of wrongful convictions, the editorial says,

Among other things, the study, titled "Harmful Error," discovered 223 prosecutors around the nation who had been repeatedly cited by judges for engaging in improper conduct. Only two of them were subsequently disbarred for their conduct.

"When you combine state's attorneys who are willing to cheat with defense attorneys who are unqualified or unmotivated, you have a recipe for disaster," Abe Bonowitz, director of Floridians for Alternatives to the Death Penalty, said last week. "This is one of the reasons Florida leads the nation in wrongful convictions and death row exonerations."

[Our thanks to Rev.Mr. George Brooks, Director of Advocacy, Kolbe House, Chicago for the links.]

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