ACCR is engaged in two forms of litigation: case specific, and systemic. In case specific litigation, ACCR serves as direct counsel. Through systemic litigation, we work to improve the standard of capital defense in Pennsylvania and at the national level.

In 2011, ACCR was successful in a case before the Pennsylvania Supreme Court where we argued that capital cases in Philadelphia were so desperately under resourced that defendants facing execution were essentially defending themselves without the aid of counsel. As a response, the Philadelphia administrative courts raised the fees for capital attorneys. In our view, the raises amount to a mere pittance, and the fees are still inadequate by national standards.

In 2017, a Pittsburgh Common Pleas Court judge tried to move forward with a capital trial without funding any mitigation investigation, violating clearly established U.S. Supreme Court law and the American Bar Association’s Guidelines. Our motion responded by criticizing the Court’s decision and was supported by four national experts (including ACCR board member Russell Stetler). As a result, the Court agreed to fund the case adequately. Ultimately, the defendant was acquitted, and the case set an important precedent for funding necessary services for trial courts throughout Pennsylvania.

ACCR Co-Founder Dana Cook has been a frontline contributor to the movement for recognition of the crucial role of mitigation – not only in death penalty cases, but in juvenile second-chance cases and any case involving exposure to potential lengthy sentences. ACCR continues to further that mission by directly representing clients and engaging in cases where there is potential for systemic changes.

Mitigation investigation is a craft which seeks to provide a comprehensive examination of every aspect of a defendant’s background and it is a critical piece of any good defense strategy. Competent mitigation investigation requires skills that simply are not taught in law school. Mitigation specialists work closely with their client and lay witnesses to compile a rich social history in order to produce a truthful, compelling and humanizing portrayal of a person’s life. Despite its clear value, mitigation is not always incorporated effectively into cases. ACCR aims to change that.

ACCR strives to improve the quality, quantity and diversity of mitigation specialists through training and recruitment. We ensure that every active death penalty case includes the multidisciplinary assistance of a mitigation specialist and that he or she has the resources and support they need. When necessary, we directly represent clients and conduct full mitigation investigations to aid in resolution of their cases.