A. Number and Overall Cost of Federal Death Penalty Cases
- The Decision to Prosecute in Federal Court
- The Decision to Authorize the Death Penalty
- The Decision to Go to Trial
B. Factors Affecting the Scope and Cost of Defense Representation
- Death Penalty Cases Involve Two Trials
- Complexity of the Guilt Phase
- Scope of the Penalty Phase
- Special Obligations of Counsel in a Death Penalty Case
a. Consultation with the Client
b. Motions Litigation
c. Jury Selection
- Effect of Prosecution Resources
- Effect of the Authorization Process
- Importance of Experts and their Cost
C. Factors Affecting the Availability, Cost and Quality of Counsel
II. Recommendations
& Commentary
a. Quality of Counsel
b. Qualifications of Counsel
c. Special Considerations in the Appointment of Counsel on Appeal
d. Special Considerations in the Appointment of Counsel in Post-Conviction Proceedings
e. Hourly Rate of Compensation for Counsel
a. Notification of Statutory Obligation to Consult
b. Consultation by Courts in Selecting Counsel
c. Consultation by Federal Defender Organizations and the Administrative Office in Recommending Counsel
a. Streamlining the Authorization Process
b. Court Monitoring of the Authorization Process
a. Information from Resource Counsel
b. Technology and Information Sharing
a. Salaried Positions for Penalty Phase Investigators
b. Negotiating Reduced Rates
c. Directory of Experts
a. Consultation with Prosecution
b. Prior to Death Penalty Authorization
c. After Death Penalty Authorization
d. Advice from Administrative Office and Resource Counsel
e. Confidentiality of Case Budgets
f. Modification of Approved Budget
g. Payment of Interim Vouchers
h. Budgets in Excess of $250,000
i. Death Penalty Not Authorized
j. Judicial Conference Guidelines
k. Judicial Training for Death Penalty Cases
a. Non-lawyer Staff
b. Multi-defendant Casesi. Early Decision Regarding Severance
ii. Regularly Scheduled Status Hearings
iii. "Coordinating Counsel"
iv. Shared Resources
v. Voucher Review
Appendix
B: Sources & Methodology
Appendix C: Supporting Data (Not Available Online)