Without Appointed Counsel in Capital Postconviction Proceedings

Abstract

Debate continues about whether the higher standard of reliability of death penalty proceedings extends to providing appointed counsel to death row prisoners in state postconviction (i.e., habeas corpus or collateral relief) proceedings. To better inform this discussion, 44 of 52 death row inmates in Mississippi, a state that has not in the past typically provided appointed counsel in state postconviction litigation, were evaluated regarding their underlying abilities, relevant aptitudes, specific legal knowledge, and psychological stability to competently represent themselves in collateral relief proceedings. The Mississippi death row inmates exhibited a pattern of broad deficits in requisite verbal intellectual ability, reading comprehension, legal aptitude, knowledge specific to postconviction practice, and psychological well-being. These deficits raise grave concerns regarding the self-representation competency of Mississippi death row prisoners. These findings may also be applicable to other jurisdictions and contexts.