The American Bar Association’s Recognition of the Sacrifice of Fairness for Results: Will We Pay for Justice?

Abstract

The American Bar Association's (ABA's) call for a moratorium on executions demonstrates the recognition by the ABA that fairness has been sacrificed for results in the courts of the United States. The ABA's call for a moratorium should be the basis for a widespread reexamination by the bar, the judiciary, legislators, and citizens of the enormous price of compromising the integrity of the legal system that is being paid to carry out executions. The question remains whether jurisdictions that want to carry out executions will pay a relatively modest price for competent representation of those facing the executioner and for procedures to guard against racial bias entering the capital sentencing process, and whether the Congress and the President will restore full review of capital cases by independent federal courts. The prospects do not look encouraging. The lack of commitment to fairness should be immensely disturbing to anyone who cares about justice, regardless of one's view on capital punishment.