Applying Restorative Justice Concepts to Capital Cases

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When it comes to a capital case, prosecuting or defending an individual whose life rests on the verdict can be a personal struggle. How does a lawyer cope with the loss of a client and what restorative justice options can they seek in lieu of the death penalty?

In this episode of the ABA Law Student Podcast, host Fabiani Duarte and guest host Linsey Addington speak with Professor Sarah Gerwig Moore and Dr. Melissa Browning about the death penalty and ways restorative justice concepts can be used in capital cases. Sarah and Melissa begin by listing a few concepts and common misconceptions, such as the cost to the taxpayer for executing an inmate, that they believe should be considered when approaching the death penalty debate. Dr. Browning then goes into detail about how she learned about the Kelly Gissendaner case and what inspired her to get involved in seeking parole for Gissendaner. Professor Moore also gives some insight into her experience of being lead counsel seeking clemency for a death row inmate named Josh Bishop and explains the type of relationships lawyers can develop with these clients. The group then considers processes within the criminal justice system where restorative justice concepts can be applied and how these concepts, like seeking life without the possibility of parole, can reduce death row executions and promote communal well being.