Confessions of a public defender Gideon v Wainwright
Confessions of a public defender
Gideon v. Wainwright (1963)
Clara Shortridge Foltz
1876 – 27 year old mother of 5 decides she wants to be a lawyer 1878 – Woman Lawyer’s Bill passed; Foltz passes the bar 1879 – Tried to go to Hastings 1890 s – Advocated for public defender system
1914 – Los Angeles establishes the first public defender’s office 1921 – California establishes statewide public defender system 1930 – Ran for governor on women’s rights platform
Trial preparation Investigation Legal research Self-education on: n Forensics n DNA n Psychology/psychiatry
Continuous communication with client Trial strategy/tactics Pretrial litigation Jury selection
Opening statement Examination/cross-examination of witnesses Making the record Closing argument
For capital litigation Investigation of family history, client’s history, sociological issues, environmental issues, psychiatric issues, trauma issues, political issues, racial issues, gender issues, sexual issues, etc. Self-education on the above, plus synergistic effects, epigenetics, advances in brain science, etc.
Homelessness Calif. Seeks Solutions to Homeless Sex Offender Rate By Don Thompson, NBC Los Angeles Banished After passing a series of restrictive housing laws, Miami-Dade County faces an odd predicament: bands of nomadic sex offenders and a cat-and-mouse game to move them. By Beth Schwartzapfel and Emily Kassie, Marshall Project
Voting rights
Generational impact on children of incarcerated parents
THE DEATH PENALTY
August 23, 1927 n Execution of Sacco and Vanzetti
June 19, 1953 n Execution of Julius and Ethel Rosenberg
May 2, 1960 n Execution of Caryl Chessman
August 13, 1964 n Last execution in Great Britain
Furman v. Georgia (1972) 408 U. S. 238
Gregg v. Georgia (1976) 428 U. S. 123
January 17, 1977 n Execution of Gary Gilmore
September 10, 1977 n Last execution in France
Atkins v. Virginia (2002) 536 U. S. 304
Ring v. Arizona (2002) 536 U. S. 584
Wiggins v. Smith (2003) 539 U. S. 510
Roper v. Simmons (2005) 543 U. S. 551
January 17, 2006 n n Execution of Clarence Ray Allen, last person executed in California.
December 17, 2007 n New Jersey becomes first state in modern times to abolish death penalty
December 18, 2007 n United Nations passes non-binding resolution calling on nations to impose moratorium on executions with view to abolishing death penalty
March 19, 2009 n New Mexico abolishes the death penalty
November 13, 2009 n Ohio changes its execution method to single drug protocol
March 9, 2011 n Illinois abolishes the death penalty
December 20, 2011 n European Union rules that companies cannot export drugs without first ensuring that they are not to be used in executions
April 25, 2012 n Connecticut abolishes the death penalty
May 2, 2013 n Maryland abolishes the death penalty
Glossip v. Gross (2015) 576 U. S. ___, 135 S. Ct. 2726
August 2, 2016 n Delaware Supreme Court declares death penalty statute unconstitutional
November 8, 2016 n n California rejects Proposition 62, which would have abolished the death penalty California adopted Proposition 66, which purports to speed up imposition of the death penalty
October 11, 2018 n Washington Supreme Court declares death penalty unconstitutional
March 13, 2019 n Governor Newsom declares moratorium on death penalty in California
May 30, 2019 n New Hampshire abolishes the death penalty
California’s death penalty law Eligible crimes – special circumstances Bifurcated trial n Guilt phase n Penalty phase Aggravating factors Mitigating factors Unanimous verdict required Retrials allowed
Post-conviction Direct appeal (mandatory) State habeas corpus Federal habeas corpus
Countries that carried out the most executions in 2018 China Iran Saudi Arabia Vietnam Iraq Egypt United States 1000+ 253+ 149 85+ 52+ 43 25
Executions by state, 2018 Texas Tennessee Alabama Florida Georgia 13 3 2 2 2
Ohio Nebraska South Dakota Total: 1 1 1 25
Executions by state, 2019 Texas Alabama Georgia Tennessee Florida 3 3 2 2 1
Number of people on California’s death row (as of 4/30/19): n 737
Percentage by county Los Angeles County Riverside County Orange County Alameda County San Bernardino County San Diego County Sacramento County 31. 49% 12. 25% 8. 75% 5. 65% 5. 38% 5. 11% 4. 04%
Number of California death row inmates who have died since 1978: 138 n n n 81 from natural causes 27 by suicide 15 by execution (one execution in MO and one in VA) 14 by other means 1 pending
The future Trump’s judicial appointments as of April, 2019: Circuit court nominations: 80% male, 20% female 90% white, 10% Asian-American District court nominations: 74% male, 26% female 92% white, 4% Asian-American, 2% African. American, 2% Hispanic
n Supreme Court nominations: 100% male 100% white
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