> Jan. 4, 2000---
>
>
> FLORIDA:
>
> Issues involving administration of the death penalty and habeas corpus
> review are too complex and too important to consider in Florida's
> specially-called 2-day legislative session, the American Bar Association
> said today.
>
> In a letter to Florida's governor and House and Senate leaders, the ABA
> says the consequences of the Death Penalty Reform Act could jeopardize
> the constitutionality of the state's capital punishment system, and
> should be carefully examined before being rushed through the state
> legislature.
>
> The letter, signed by ABA President William G. Paul of Oklahoma and
> President-elect Martha Barnett of Florida, says: "States attempting the
> fair and timely administration of capital punishment face immensely
> difficult and complex problems.  We urge you to postpone consideration of
> any changes in Florida's system of capital review until a time when the
> legislative process will permit a thorough and careful discussion."
>
> The ABA is concerned that speeding up the pace of executions, as proposed
> by the Act, may jeopardize fairness, due process and access to adequate
> legal representation for those who face execution.  Some of the other
> changes, the ABA says, may have consequences that jeopardize the
> constitutionality of state's capital punishment system:
>
> *     The Act's curtailment of the scope and timing of post-conviction
> review may violate the rights of defendants to seek and obtain post-
> conviction relief and obtain meaningful access to the courts.
>
> *     The Act's absolute prohibition against 2nd or successive
> petitions, even where there is newly discovered evidence of innocence,
> removes an essential safeguard to protect against the miscarriage of
> justice.
>
> *     Abridging post conviction review exacerbates problems for
> counsel in meeting various filing deadlines, thus possibly increasing
> the risk of wrongful executions.
>
> *     Provisions of the Act circumscribe what counsel can and cannot
> do in the course of representation, abridging the ability of lawyers to
> zealously represent their clients' interests, as their ethics require.
>
> With the exception of its opposition to the imposition of the death
> penalty on individuals who committed their crimes while juveniles and
> on the mentally retarded, the ABA has not taken a position on capital
> punishment per se.  In 1997, the ABA called for a moratorium on
> executions until state and federal jurisdictions could ensure that their
> policies and procedures guarantee fundamental constitutional rights and
> protect against execution of the innocent.  The letter points out
> numerous ABA policies concerning the administration of capital punishment
> that bear on the proposed legislative changes in Florida's death penalty
> system.
>
> For copies of the ABA letter, contact Anne Nicholas at 202-662-1092.
>
> (source:  American Bar Association)
>