Ta-Nehisi Coates, The Black Family in the Age of Mass Incarceration. The Atlantic, October 2015. “American politicians are now eager to disown a failed criminal-justice system that’s left the U.S. with the largest incarcerated population in the world. But they’ve failed to reckon with history. Fifty years after Daniel Patrick Moynihan’s report ‘The Negro Family’ tragically helped create this system, it’s time to reclaim his original intent.”
November 15, 2014
Death by Deadline: How bad lawyering and an unforgiving law cost condemned men their last appeal
Ken Armstrong, Death by Deadline: How bad lawyering and an unforgiving law cost condemned men their last appeal, Part One. The Marshall Project, 15 November 2014. And Death by Deadline: When lawyers stumble, only their clients fall, Part Two, The Marshall Project, 16 November 2014. Published in partnership with The Washington Post. “[In 1996] President Bill Clinton endorsed a Republican plan to limit death-penalty appeals by setting a one-year deadline for the filing of habeas corpus petitions. Those federal appeals, which typically come after claims in state courts have been exhausted, allow inmates to seek a final review of their convictions on grounds ranging from juror misconduct to the suppression of evidence by prosecutors. Yet an investigation by The Marshall Project has found that in at least 80 capital cases in which lawyers have missed the deadline – sometimes through remarkable incompetence or neglect – it is almost always the prisoner alone who suffers the consequences.
Among the dozens of attorneys who have borne some responsibility for those mistakes, only one has been sanctioned for missing the deadline by a professional disciplinary body, the investigation found. And that attorney was given a simple censure, one of the profession’s lowest forms of punishment. The lack of oversight or accountability has left many of the lawyers who missed the habeas deadlines free to seek appointment by the federal courts to new death-penalty appeals.