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23 Loy. L. A. L. Rev. 59 (1989-1990)
Execution of Injustice: A Cost and Lack-of-Benefit Analysis of the Death Penalty, The

handle is hein.journals/lla23 and id is 79 raw text is: THE EXECUTION OF INJUSTICE: A COST AND LACK-OF-BENEFIT ANALYSIS OF THE DEATH PENALTY* Ronald . Tabak** and J. Mark Lane*** TABLE OF CONTENTS I. INTRODUCTION ......................................... 61 II. THE DEATH PENALTY IS STILL ARBITRARY AND CAPRICIOUS ............................................ 62 A. The Capital Punishment System Does Not Rationally Select Those Who Shall Die ......................... 62 B. Overzealous Prosecutors Improperly Seek and Obtain Death Sentences ..................................... 64 C Ineffective Defense Renders Capital Trials Unfair ..... 69 D. The Juq Selection Process Fails to Ensure Unbiased Juries .............................................. 75 E. Jurors in Capital Cases Are Often Misled, Misinstructed, or Incompletely Informed ............. 77 F. The Lack of Real Proportionality Review Means that * This Article was prepared for New York Lawyers Against the Death Penalty, an organization of over 1,000 members of the New York Bar, as a memorandum in opposition to legislation which would restore the death penalty in New York State. That legislation was passed by both houses of the New York State Legislature in early 1989, but was vetoed by Governor Mario Cuomo. In June 1989, when it became apparent that the veto could not be overridden in the regular 1989 session, the legislature adjourned without a vote on the proposed override. The proposed legislation is expected to be reintroduced in the 1990 session. This memorandum has been updated and modified since its initial distribution in Spring 1989. The authors would like to thank the following people, all of whom provided substantial assistance in the preparation of tle memorandum upon which this Article is based: James Pitofsky, Martin I. Rosenbaum, Maura Barry, Tanya Coke, Jeffrey Trachtman, Jonathan E. Gradess, Stephen Gillers, Channing Kury, Jonathan Lang, Arthur C. Helton, Peter Neufeld, Howard Schrader, Stephen Latimer, Tom Terrizzi, Polly Passoneau, Holly Levine, Pamela Winnick, Leon Bijou, and Maureen O'Connor. ** Ronald J. Tabak, B.A. Yale University, J.D. Harvard University; Special Counsel and Coordinator of Pro Bono Work, Skadden, Arps, Slate, Meagher & Flom; Chair, Death Penalty Committee, American Bar Association, Committee of Individual Rights and Responsibilities; President, New York Lawyers Against the Death Penalty. *** J. Mark Lane, B.A. University of North Carolina at Chapel Hill, J.D. candidate New York University School of Law, 1990.

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