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The Tension Between the NAACP Legal Defense Fund’s Roles as Leaders of the Abolition Movement and Attorneys for Individual Death Row Inmates

 

PLEASE PAY CLOSE ATTENTION TO THE INSTRUSTIONS AND ANSWER EVERYTHING THAT IS ASKED!

THE BOOK where this information MUST COME FROM is
“Evan J. Mandery, A Wild Justice (W.W. Norton, 2013)”

https://annas-archive.org/md5/eb9860c4b08faa9f0c2da04c428be4ab
Is it possible for lawyers to represent both a cause and individuals? With reference to at least two specific instances, explain the tension between LDF’s role as leaders of the abolition movement and also attorneys for individual death row inmates. Explain how LDF resolved this tension in each instance. Offer your own critical assessment of LDF’s attempt to balance these roles and whether the tension is fundamentally irreconcilable.

Sample Answer

 

The Tension Between the NAACP Legal Defense Fund’s Roles as Leaders of the Abolition Movement and Attorneys for Individual Death Row Inmates

The NAACP Legal Defense Fund (LDF) has played a crucial role in the fight against capital punishment in the United States. Their commitment to both leading the abolition movement and providing legal representation for individual death row inmates has created a unique tension. This tension is evident in two specific instances – the cases of Furman v. Georgia in 1972 and Gregg v. Georgia in 1976. In each of these cases, the LDF had to navigate the delicate balance between pursuing their larger abolitionist agenda and ensuring the best possible legal defense for their clients.

In Furman v. Georgia, Justice Arthur Goldberg and his clerk Alan Dershowitz challenged the constitutionality of capital punishment, launching a civil rights attorney movement that included the LDF. The LDF’s involvement in this case showcased their commitment to ending the death penalty. However, when the Supreme Court struck down Georgia’s death penalty law, many believed it would lead to the end of executions in America. This outcome conflicted with the LDF’s goal of providing legal representation to individual death row inmates, as it seemed to render their efforts unnecessary.

Despite this setback, the LDF resolved the tension by recognizing that even with the striking down of Georgia’s law, capital punishment remained a reality in other states. They understood that their work as attorneys was still crucial in protecting the rights of death row inmates facing execution in those jurisdictions. They continued to advocate for their clients while simultaneously working towards broader abolitionist goals.

This tension reemerged in the case of Gregg v. Georgia, where the Supreme Court reversed its decision and upheld the constitutionality of capital punishment. The LDF found themselves at odds with this ruling, as it went against their abolitionist agenda. However, they understood that their duty as attorneys was to provide effective legal representation to their clients within the confines of the law.

To resolve this tension, the LDF focused on ensuring fair and just proceedings for death row inmates. They fought against racial bias in the application of the death penalty and worked to improve legal representation for those facing capital punishment. While they may not have achieved their ultimate goal of ending the death penalty, they were successful in making significant strides towards a more equitable system.

Critically assessing the LDF’s attempt to balance these roles, it is important to recognize the challenges they faced. Representing both a cause and individual clients is a delicate balancing act that requires navigating complex legal and moral landscapes. While some may argue that the tension between leading the abolition movement and representing death row inmates is irreconcilable, I believe that the LDF’s approach is fundamentally justified.

The LDF’s commitment to providing legal representation for individual death row inmates is essential to ensure fair trials and protect constitutional rights. By engaging with the legal system, they are able to challenge flaws and biases within it. Simultaneously, their leadership in the abolition movement allows them to advocate for systemic change and challenge the broader issues surrounding capital punishment.

While tensions may arise between these two roles, they are not fundamentally irreconcilable. In fact, they can complement each other. The LDF’s work as attorneys informs their advocacy efforts and vice versa. By representing individual clients, they gain valuable insights into the flaws of the system, which strengthens their arguments for abolition.

In conclusion, the tension between the NAACP Legal Defense Fund’s roles as leaders of the abolition movement and attorneys for individual death row inmates is a complex challenge. However, through their strategic approach and unwavering commitment to justice, the LDF has effectively resolved this tension in instances like Furman v. Georgia and Gregg v. Georgia. Their ability to balance these roles is fundamentally justified and necessary in working towards a fairer and more equitable criminal justice system.

 

 

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