A Community Divided: Defense Attorneys and the Ethics of Death Row Volunteering

Abstract

When death row inmates elect to waive appeals and proceed directly to execution a series of problematic legal and ethical questions are raised. This article examines the ethics of volunteering from the perspective of death row inmates'defense attorneys. Studying attorneys is important for two reasons: since they are charged with protecting their clients' interests they must resolve the difficult question of whether death is ever in someone's best interest; and perhaps more important, most death row defense attorneys are themselves against the death penalty and must thus negotiate between their clients' desire for execution and their own personal value systems. Interviews were conducted with 20 attorneys who have participated in representing would-be volunteers. Qualitative analysis suggests that most are faced with profound ethical dilemmas, both professional and personal, when a client elects to waive appeals. This article explores how attorneys interpret, experience, and resolve those dilemmas.