1. Unequal access to education and information In many criminal justice systems, the judge and/or jury may have explicit or implicit biases against people from disadvantaged socio-economic backgrounds, making those defendants more likely to face a guilty verdict and to be sentenced to death.
All over the world, justice systems are very complex and people facing the death penalty need expertise to assist in their defense.
en lack access to education and are often
deprived of necessary and elementary social and financial support and
legal knowledge
to understand and participate fully in legal proceedings initiated
against them in death penalty cases.
They
are less likely to assert rights and benefits provided by the law, and
they may not know how to get support.
2.
Bail and pretrial release
A
person from a disadvantaged socioeconomic background will be less
likely to afford bail and obtain release before trial.
The
defendant will therefore be less able to assist in preparing a
defense.
3.
Unequal access to justice
No
justice system is completely free of charge. The expenses related to
access to justice are a major obstacle for people living in poverty,
as they simply can’t
cover the costs.
These
obstacles are amplified in capital cases, where each stage of the
legal process involves an additional cost, such as hiring a lawyer
competent to handle
legal and evidentiary matters specific to capital proceedings. These
accumulated expenses are one of the main reasons people living
in poverty have
trouble making use of the remedies available to them in the criminal
justice system.
4.
The importance of the effectiveness of the legal assistance
The
legal representation for defendants from vulnerable backgrounds is
often of lesser efficacy; appointed attorneys are often underpaid,
lack adequate means to
lead their own investigations, and lack the trial experience required
for death penalty cases.
The
inferior quality of legal representation places defendants living in
poverty at a serious disadvantage, thereby increasing their likelihood
of being sentenced
to death.
5.
Building a strong defense
Building
a strong defense in a capital case can require a lot of financial
resources.
People
from a disadvantaged economic background do not have the means to pay
experts or to obtain a more in-depth investigation of facts and
evidence.
Such
defendants may also not have the resources to effectively assess
whether they are receiving adequate representation.
6.
The specific case of foreign nationals
Some
countries host foreign nationals to perform underpaid or menial work,
such as housekeeping or hard physical labor.
Those
migrant workers often take such jobs because they come from
disadvantaged socio-economic backgrounds in their home countries.
If
these people interact with the criminal justice system, they may face
additional discrimination because of their status as foreign
nationals, because they don’t speak
the language and don’t have the network of people and social
influences to support their cases, in addition to the barriers they
face as persons living in poverty.
7.
Biases and discrimination against people living in poverty
In
many criminal justice systems, the judge and/or jury may have
explicit or implicit biases against people from disadvantaged
socio-economic backgrounds, making
those defendants more likely to face a guilty verdict and to be
sentenced to death.
8.
Corruption
Corruption
is endemic in many countries, including in the police force, the
judicial system, and even judges themselves.
Those
who have financial means or who have a strong social network may be
able to access much more efficient justice and even ensure a favorable
trial outcome.
Those
who don’t have the financial means to pay for these justice-sector
services - which are supposed to be free of charge - see their
petitions and requests
delayed, rejected, or dropped. Corruption is often coupled with
dreadful prison conditions.
9.
Death row living conditions
The
conditions of detention may largely depend on the financial resources
of the convicted person.
For
example, people from poor socioeconomic backgrounds will have more
difficulty accessing certain prison services such as medical care or
food, and will not be able to receive financial assistance from
family members to remedy the situation.Poverty can also limit the
opportunities a death row prisoner has to stay in contact
with family members and friends.
10.
Impact on relatives
The
economic and social consequences of a death sentence can be dramatic
for people living in poverty.
Deprived
of liberty, they are also deprived of income, employment, and social
benefits. The family is also directly affected, especially if the
convicted person was the
family’s main breadwinner.
The
financial burdens on family members throughout the legal proceedings
can also lead to poverty.
For further information please view http://www.worldcoalition.org
For further information please view http://www.worldcoalition.org
