Most acts of misconduct by defense attorneys in capital cases should result in the attorney being disciplined by the state bar association. Where applicable, such disciplined attorneys should be removed from the roster of attorneys eligible to handle death penalty cases. For egregious cases of misconduct, defense attorneys should be disbarred.
Improve Police Investigations, Interrogations, and the Handling of Evidence
Police should keep an open and objective mind during investigations. They should investigate crimes rather than trying to build a case against a likely suspect. Once a suspect has been identified, the police should continue to pursue all reasonable leads, whether they point toward or away from the suspect.
To reduce the number of false confessions, defense counsel should be provided to indigent suspects during police interrogation in potential death penalty cases. When there is doubt about whether the suspect is indigent, defense counsel should be provided. Police should also make a reasonable attempt to determine if a suspect is mentally retarded. If the suspect is deemed mentally retarded, the police should not ask leading questions (mentally retarded suspects are inclined to agree with the police version of events) and/or suggest that they believe the suspect is guilty.
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