Counsel\u27s Control over the Presentation of Mitigating Evidence during Capital Sentencing

Abstract

The Sixth Amendment gives a defendant the right to control his defense and the right to a lawyer\u27s assistance. A lawyer\u27s assistance, however, sometimes interferes with a defendant\u27s control over his case. As a result, the Supreme Court, over time, has had to delineate the spheres of authority that pertain to counsel and defendant respectively. The Court has not yet decisively assigned control over mitigating evidence to either counsel or defendant. This Note argues that counsel should control the presentation of mitigating evidence during capital sentencing. First, and most importantly, decisions concerning the presentation of mitigating evidence are best characterized as strategic, and the Sixth Amendment right to counsel allocates strategic decisions to attorneys. Second, the criminal justice system\u27s need for reliable and legitimate outcomes - a need that reaches its zenith during capital sentencing - outweighs a capital defendant\u27s limited claims to autonomy