Fresh from the "crises" over electricity regulation in Buffalo and health clinics in New York (see the June 1 Smartertimes), the New York Times informs its readers today in the lead, front-page news article that there is a "crisis" in the availability of lawyers for death-penalty appeals. "We have a crisis," the director of the American Bar Association's Death Penalty Representation Project gravely intones.
The evidence of this "crisis," according to the Times, is that "In Alabama, about 40 of the approximately 185 death row inmates -- some within five months of filing deadlines for state appeals -- do not have counsel." Also, "of the about 600 inmates on California's death row, at least 161 have no lawyers to handle their direct appeals, and 72 others have no counsel for federal habeas corpus petitions."
The Times never even pauses to consider the possibility that one reason that some of these inmates do not have lawyers is that they really are guilty, and that they don't have any legitimate grounds for an appeal. The assumption seems to be that every single person convicted of a capital offense and sentenced to death, no matter how clear-cut the case against him, no matter how horrible the crime, and no matter how painstakingly fair the original trial was, should nevertheless go through the process of using what are in most cases taxpayer-funded lawyers to file endless appeals. Nor does the Times pause to consider that the public funds used to pursue these fruitless appeals on behalf of undeniably guilty clients might be better spent on crime prevention programs. You could fund a lot of Head Start programs and drug rehabilitation with the $10 million in tax funds spent on Timothy McVeigh's lawyers.
Of course, everyone, guilty or no, has a due process and equal protection right under the Constitution to adequate representation. But the Times cry of a "crisis" might be taken a little more seriously if the newspaper paused to consider some reasons for the lack of representation that go beyond the convenient "increased profit pressures" at corporate law firms. It's funny how the Times is against "increased profit pressures" everywhere except at its own company-owned newspapers, which are laying off employees and shrinking the space allotted for news.
Can't Spell: An article in the metro section of today's New York Times refers to "the Rev. Barry Lynne, executive director of Americans United for Separation of Church and State." In fact, the correct spelling of Rev. Lynn's last name is without an "e."
Lost in Brooklyn: An article in the metro section of today's New York Times reports that mayoral candidate Herman Badillo "campaigned in Brooklyn, first at Junior's Restaurant, the cheesecake emporium, and later in Brooklyn Heights." The Times reports that "the foray into a Democratic stronghold was something of a departure for Mr. Badillo, who has concentrated in recent weeks on neighborhoods in the city with large numbers of registered Republicans." Brooklyn Heights is hardly a "Democratic stronghold"; in fact, anecdotal evidence suggests it has large numbers of registered Republicans.