!

When the government takes a persons life as a punishment for

wrongdoing (Stearman, 6). This is known as the Death Penalty, or, capital punishment. A
sentence like this dates back to around the 18th Century B.C., found in the Code of King
Hammaurabi (Introduction to the Death Penalty). Many people debate on if the Death Penalty
is an acceptable form of punishment. I dont believe it is. For one, it is not always fair to the
defendant. Their lawyer can play a big part in their type of punishment, and many can get bad
ones. The Death Penalty isnt just in the United States because someone might not have
enough money for a good lawyer, causing their sentence to be harsher than it should.
!

First of all, the Death Penalty is not fair because some people on trial may not have

much money. Almost all defendants in capital cases cannot afford their own attorneys (Death
Penalty Representation). In other words, good lawyers that will defend you will at court can be
a lot of money. Unfortunately, many accused dont have the funds for someone like that.
Because of this, they have less of a chance at winning their case. In addition, People who do
not understand the law themselves, and cannot afford very good legal representation, will stand
less chance of defending themselves during a trial than a richer, better-educated
defendant (Rooney, 39). To clarify, this is also saying that a defendant with more money has a
higher possibility at doing well at trial. As a result of not having money, the suspect can be
assigned an insufficient lawyer.
!

Second of all, the Death Penalty isnt fair because an unwealthy defendant can get an

unsatisfactory lawyer. In many cases, the appointed attorneys are overworked, underpaid, or
lacking the trial experience required for death penalty cases. Some were so inexperienced that
they were completely unprepared for the sentencing phase of the trial. Other appointed
attorneys have slept through parts of the trial, or arrived at the court under the influence of
alcohol (Inadequate Legal Representation). To explain, this is saying that most assigned
lawyers are not necessarily skilled at death penalty cases. They can also be really stressed with

their work, since it can take many hours in a day. Because defendants have inadequate
lawyers, they are not defended well at trial.
!

Third of all, the Death Penalty isnt fair because the suspects legal representative may

not defend well at court. Defendants have been sentenced to death after trials where they were
represented by a lawyer who did not meet even the minimum requirements of five years of
criminal defense experience (Inadequate Counsel). To clarify, this is saying that some lawyers
were so inexperienced that they couldnt defend their client well. Many were put to death
because of this. Some have been executed when their lawyer was disbarred or disciplined for
unethical or criminal conduct (Inadequate Legal Representation: Facts). This also shows that
they did not support their client well enough, and the defendant got a harsh sentence when they
may not have deserved it.
!

In conclusion, the Death Penalty isnt just in the United States because someone might

not have enough money for a good lawyer, causing their sentence to be harsher than it should.
We have seen that many accused dont have much money. Because of this, they can be
appointed bad lawyers that can lack experience and not defend them well at trial. This way, they
can get a harsh sentence when it was because of the lawyer. This is why the death penalty isnt
fair.

Abbie Shunkwiler
April 21, 2014
2nd hour ELA

Death Penalty: Inadequate

Legal Representation

Work Cited
"Death Penalty Representation." DPIC. N.p., n.d. Web. 21 Apr. 2014.
"Death Penalty : Inadequate Legal Representation." Death
Penalty : Inadequate Legal Representation. N.p., n.d. Web. 21 Apr.
2014.
"Equal Justice Initiative." Inadequate Counsel. N.p., n.d. Web. 21 Apr.
2014.
"Part I: History of the Death Penalty." DPIC. N.p., n.d. Web. 21 Apr.
2014.
Rooney, Anne. Capital Punishment. Chicago, IL: Raintree, 2005. Print.
Stearman, Kaye. The Debate about the Death Penalty. New York: Rosen
Pub. Group's Rosen Central, 2008. Print.