Death Penalty

• Without taking a position supporting or opposing the death penalty, urges each jurisdiction that imposes capital punishment to implement specific polices and procedures as it relates to mental illness. Co-sponsored by the Criminal Justice Section, Commission on Mental and Physical Disability Law, Death Penalty Representation Project, Beverly Hills Bar Association, Section of Litigation, Los Angeles County Bar Association, Section of Dispute Resolution, Young Lawyers Division, Section of Health Law.
  Approved August 2006

• Urges jurisdictions to enact statutes to adequately compensate individuals who have been convicted and incarcerated for crimes they did not commit and identifying factors that should be considered in drafting such statutes. Presented by the Criminal Justice Section. Co-sponsored by the Section of Individual Rights and Responsibilities, the Standing Committee on the Delivery of Legal Services, and the Young Lawyers Division.
  Approved as Revised February 2005

• Urges federal, state, local and territorial governments to reduce the risk of convicting the innocent, while increasing the likelihood of convicting the guilty, by ensuring that no prosecution should occur based solely upon uncorroborated jailhouse informant testimony. Presented by the Criminal Justice Section. Co-sponsored by the Section of Individual Rights and Responsibilities and the Young Lawyers Division.
  Approved February 2005

• Urges federal, state, local and territorial governments to reduce the risk of convicting the innocent by establishing standards of practice for defense counsel in serious non-capital criminal cases. Presented by the Criminal Justice Section. Co-sponsored by the Section of Individual Rights and Responsibilities, Section of Litigation and the Young Lawyers Division.
  Approved as Revised February 2005

• Adopts the ABA Principles Relating to Juries and Jury Trials dated February 2005 and recommends that the appropriate entities review and revise, as appropriate, their respective Standards so as to eliminate any conflicts with the Principles and urges state, local and territorial bar associations to improve the management of jury trials by promoting the implementation of the Principles. Presented by the American Jury Product. Co-sponsored by the Criminal Justice Section, the State Bar of Arizona, the New Jersey State Bar Association, the Section of Litigation, the Section of Business Law, the Section of Individual Rights and Responsibilities, and the Young Lawyers Division.
  Approved as Revised and Amended February 2005

• Urges states, territories and the federal government to establish: 1) standards and provide an accessible process by which prisoners may request a reduction of sentence in exceptional circumstances; and 2) standards governing applications for executive clemency and specify procedures an individual must follow in order to qualify for a grant of clemency and ensure that clemency procedures are reasonably accessible to all persons. Presented by the Justice Kennedy Commission. Co-sponsored by the Young Lawyers Division, the Section of Individual Rights and Responsibilities, the Section of Business Law, the Criminal Justice Section, the Family Law Section, the Section of Litigation, the National Bar Association, the National Legal Aid and Defender Association, the Standing Committee on Federal Judicial Improvements, the Standing Committee on Judicial Independence, the Standing Committee on Substance Abuse, and the Judicial Division.
  Approved as Revised August 2004

• Adopts revisions to the black letter ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, dated February 2003, and recommends adoption of the Guidelines by death penalty jurisdictions. Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved February 2003

• Proposes that defendants in military capital cases be given the right to trial before court martial panels whose size is fixed at 12 members. Co-sponsored by the Section of Individual Rights and Responsibilities.
  Approved August 2001

• Supports principles to preserve and strengthen federal judicial independence and separation of powers, and urges the ABA to take the lead in the formation of a consortium of organizations dedicated to an independent judiciary and impartial system of equal justice. Presented by the Standing Committee on Federal Judicial Improvements. Cosponsored by the Section of Individual Rights and Responsibilities, the Section of Real Property, Probate and Trust Law, the Senior Lawyers Division, and the National Conference of Federal Trial Judges.
  Approved as revised February 1998

• Urges jurisdictions that impose capital punishment not to carry out the death penalty without guaranteeing fairness, due process, and minimum risk to innocent persons. Jointly presented with the Section of Litigation, the New York State Bar Association, the Bar Association of San Francisco, and the Bar Association of the City of New York. Related recommendations sponsored by the Section Approved (8/87, 8/88, 2/89, 8/91); Withdrawn (8/76, 8/96); Not Approved (2/77).
  Approved February 1997

• Urges revision of the Model Rules of Professional Conduct, Rule 6.1, regarding the amount of pro bono legal services a lawyer should aspire to render each year. Jointly presented with the Standing Committee on Lawyers’ Public Service Responsibility, the Section of Litigation, the Section of Tort and Insurance Practice, the Young Lawyers Division, the State Bar of California and the Minnesota State Bar Association. Cosponsored by the Section of Individual Rights and Responsibilities and the Section of Business Law.
  Approved as Amended February 1993

• Supports measures to minimize disproportionate effects of federal death penalty legislation on Native Americans. Related recommendations sponsored by the Section Approved (8/87, 8/88, 2/89, 2/97); Withdrawn (8/76, 8/96).
  Approved August 1991

• Supports enactment of legislation prohibiting the execution of defendants with mental retardation. Jointly sponsored with the Criminal Justice Section. Related recommendations sponsored by the Section Approved (8/87, 8/88, 8/91, 2/97); Withdrawn (8/76, 8/96); Not Approved (2/77).
  Approved as Amended February 1989

• Opposes discrimination in capital sentencing on the basis of race. Jointly presented with the Criminal Justice Section and the Section of General Practice. Related recommendations sponsored by the Section Approved (8/87, 2/89, 8/91, 2/97); Withdrawn (8/76, 8/96); Not Approved (2/77).
  Approved as Revised August 1988

 

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