Even for those of us committed to the use of capital punishment, there are times when a court’s intervention has us breathing a sigh of relief. We don’t like hearing that a lawyer has slept through large portions of his client’s death penalty trial. That a judge was literally in bed with the prosecution during a capital case makes us queasy. And when we read that jurors deciding the most serious of cases are buying gag gifts for the judge — well, we are quietly relieved when our high court steps in and wags its judicial finger. However disturbing the crime or the criminal, we like to see everyone playing by the rules.
Although the rare snoring lawyer will capture public attention, less visible but recurring threats to fair play are equally disturbing. As a prosecutor who sought the death penalty and a governor who oversaw 19 executions, we believe strongly that men and women facing the ultimately punishment should be provided with competent counsel and sufficient resources to mount a defense: We can have most confidence in the outcome when the playing field is level.
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