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Without Appointed Counsel in Capital Postconviction Proceedings: The Self-Representation Competency of Mississippi Death Row Inmates

NCJ Number
178789
Journal
Criminal Justice and Behavior Volume: 26 Issue: 3 Dated: September 1999 Pages: 293-321
Author(s)
Mark D. Cunningham; Mark P. Vigen
Date Published
September 1999
Length
29 pages
Annotation
Because debate continues about whether the higher standard of reliability of death penalty proceedings extends to providing appointed counsel to death row inmates in post-conviction (habeas corpus or collateral relief) proceedings, 44 of 52 death row inmates in Mississippi were evaluated with respect to their underlying abilities, relevant aptitudes, specific legal knowledge, and psychological ability to competently represent themselves in collateral relief proceedings.
Abstract
The 44 inmates were all males and ranged in age from 20 to 68 years. They were assessed using a semi-structured clinical interview, the Wechsler Adult Intelligence Scale-Revised, the Wechsler Individual Achievement Test, the Revised Beck Depression Inventory, the Personality Assessment Inventory, the Law School Admissions Test, the Mississippi Post-Conviction Relief Test, and the Dot Counting Test. Findings revealed inmates exhibited a pattern of broad deficits in requisite verbal intellectual ability, reading comprehension, legal aptitude, knowledge specific to post-conviction practice, and psychological well-being. These deficits raise grave concerns regarding the self-representation competency of Mississippi death row inmates, concerns that may also be applicable to other jurisdictions and contexts. 61 references, 3 notes, 3 tables, and 2 figures