1998 Resolution - ABA Section of Individual Rights and Responsibilities

August 1998

Connecticut Bar Association

Human Rights and Responsibilities Section

RESOLVED, That the Connecticut Bar Association, Human Rights and Responsibilities Section and the minority Affairs Committee hereby adopts the following American Bar Association, Section of Individual Rights and Responsibilities Section of Litigation ‘recommended resolution’, to the extent that it is applicable to the law of Connecticut.

AMERICAN BAR ASSOCIATION

SECTION OF INDIVIDUAL RIGHTS AND RESPONSIBILITIES

SECTION OF LITIGATION

RECOMMENDATION

RESOLVED, That the American Bar Association calls upon each jurisdiction that imposes capital punishment not to carry out the death penalty until the jurisdiction implements policies and procedures that are consistent with the following longstanding American Bar Association policies intended to (1) ensure that death penalty cases are administered fairly and impartially, in accordance with due process, and (2) minimize the risk that innocent persons may be executed:

Implementing ABA "Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases" (adopted Feb. 1989) and Association policies intended to encourage competency of counsel in capital cases (adopted Feb. 1979, 1988, Feb. 1990, Aug. 1996);

Preserving, enhancing, and streamlining state and federal courts’ authority and responsibility to exercise independent judgment on the merits of constitutional claims in state post-conviction and federal habeas corpus proceedings (adopted Aug. 1982, Feb. 1990);

Striving to eliminate discrimination in capital sentencing on the basis of the race of either the victim of the defendant (adopted Aug. 1988, Aug. 1991); and

Preventing execution of mentally retarded persons (adopted Feb. 1989) and persons who were under the age of 18 at the time of their offenses (adopted Aug. 1983).

FURTHER RESOLVED, That in adopting this recommendation, apart from existing Association policies relating to offenders who are mentally retarded or under the age of at the time of the commission of the offenses, the Association takes no position on the death penalty.

Adopted: June 1998