Home
About Us
News
Get Involved
Internships
Casework
Journal
Training
Regional Groups
Events
Support Us
Our Partners

Getting involved
About Casework
Previous Casework

Getting involved
For more information on how you can participate in Casework, click here (MS Word, 147Kb) to read "Casework information". If you wish to apply, please click here (MS Word, 178Kb) to complete the form.

If you are a non lawyer you can still assist with trial transcript summarising - the main requirements for which are an ability to summarise accurately and concisely.

About Casework
Amicus Curiae Briefs
Amicus assists directly in individual cases currently before the Courts in the USA. This is co-ordinated by the Case Director, and is provided in a number of ways, through the drafting of Amicus curiae briefs, legal research, international applications and the provision of trial observers.

Literally meaning "a friend of the court", amicus curiae briefs are a way in which professional groups, organisations and charities are able to assist a court in coming to a decision, by describing comparative standards, international law and the practices of other nations.

Amicus has presented briefs on a number of topics at the request of capital defence lawyers on an ad hoc basis. We have been proactive in seeking cases involving particular areas of law, most recently on the issue of the execution of juveniles. Briefs are normally presented in conjunction with the Bar Human Rights Committee and the Law Society International Human Rights Committee, with whom Amicus has a formal association, although each case is considered on an individual basis.

Drafting Motions and general research
Amicus often undertakes general research tasks, in particular by using web-based methods of research such as Westlaw to ensure that the research is as useful as possible. Caseworkers have prepared motions for use by Attorneys both before and during trials, such as motions against the use of gruesome photographs by the prosecution and motions about the use of the lethal injection as a means of execution.

Amicus has also provided assistance with the drafting of Clemency statements and petitions in a number of states. This research and drafting assistance is often vital to US Attorneys who often face very tight timescales prior to trial and appeal.

The Casework Manager receives requests for such assistance from a variety of sources. This can be at any stage of the capital trial process, from pre-trial motions to the final appeal of the US Supreme Court. The case will then be assigned to a small team who will have experience both in the area of law concerned and in working in US death penalty law. The Academic Panel is available to offer assistance and advice.

International Applications
UK lawyers are very experienced in arguing before international tribunals on points of international law. The jurisdiction of the Privy Council in London, which is still the final court of appeal for many Caribbean countries which retain the death penalty, means that they have argued many of the issues which pertain to the death penalty in the US before an extremely sophisticated tribunal.

The success of the London Panel in organising representation in Jamaica and Trinidad in particular, and arguing cases to the United Nations Human Rights Commission and also before the Inter-American Commission of Human Rights in Washington means that those tribunals often hear argument from British advocates in relation to capital cases. The high profile of the European Court of Human Rights, and the directly enforceable nature of that law in English law means that arguing internationally based points will become more frequent.

Amicus lawyers have drafted applications to the Inter-American Commission of Human Rights on behalf of US attorneys in capital cases. Applications have covered such issues as the Vienna Convention on Consular Relations, where appellants were not given proper access to consular officials; the admission of unadjudicated previous convictions in the sentencing phase, and the appropriateness of executing juveniles and the mentally ill.

Amicus can also assist in the development of these points of law at all stages of the capital process, whether as a motion in limine or during the later appeals.

Trial Observers
Unless they already have significant experience of the US legal system, senior lawyers in the UK are not normally going to be of much assistance to their US counterparts in preparing a trial. However, one area in which they can provide a presence which may help in the overall strategy is by acting as trial observers.

The professional organisations in the UK have been providing trial observers for many years. In particular, the Bar Human Rights Committee and the Law Society Human Rights Committee have sent many members on such missions. Other organisations based in the UK including the International Secretariat of Amnesty International which is based in London have sent many senior lawyers to observe trials in various jurisdictions around the world, often in far more difficult conditions than those experienced in the USA.

All Amicus Trial Observers will be of a senior level, and, if Barristers, normally Queen's Counsel. They will either have proven experience in trial observations or will have undertaken specific training.

Attorneys looking for a lawyer to observe a trial should contact the Administrator.

The following are cases in which Amicus has provided assistance, amongst others.

Previous Casework
Bobby Purcell
This was an Arizona case, where the defendant was 16 years old at the time of the offence. After he was found guilty of the offence, the judge adjourned the sentencing part of the hearing to another date. His lawyer alerted Amnesty International to the potential breach of international standards, who contaced us. Amicus lawyers Owen Williams and Fiona Elder, both from Bristol, drafted an amicus curiae brief for the sentencing hearing, explaining the position in international law, as part of the overall strategy for the mitigation. The judge was persuaded by Bobby's attorney to pass a life sentence.

John Paul Penry
John was sentenced to death in 1980 for murder. At his original trial, the jury did not hear anything about his mental retardation. The case went all the way to the Supreme Court in 1989, which held that there was no general prohibition against killing the mentally retarded. He was retried and again sentenced to death. He appealed in 1999 on the basis that there was now a national consensus against such executions. Amicus lawyers Edward Fitzgerald QC and Rupert Skilbeck drafted an amicus curiae brief for the 5th Circuit Court of Appeals explaining the development of UK law, and the fact that international law almost certainly prohibits such executions.

The case of Collela
An amicus curiae brief to the Supreme Court drafted by Amicus lawyers Michael Mansfield QC and Hugh Southey with the support of the Bar Human Rights Committee, arguing that ineffective assistance during state habeas proceedings is a breach of international human rights law or Common Law standards.

More recently, Amicus has been involved in the cases of Garza and McCarver.

The charity is designed to assist in the provision of legal representation for those awaiting capital trial and punishment in the US.

Designed by
Michelle Graham

Hosted by
Barracuda