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