Download or read book Federal Habeas Corpus Practice and Procedure written by James S. Liebman and published by . This book was released on 1998 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 2nd, published in 1994.
Download or read book Federal Habeas Corpus written by Charles Doyle and published by Nova Publishers. This book was released on 2007 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.
Download or read book Habeas Corpus in State and Federal Courts written by Victor E. Flango and published by . This book was released on 1994 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Courts written by Larry W. Yackle and published by . This book was released on 2003 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book concentrates on federal court authority to entertain habeas corpus petitions filed by state prisoners who claim that they were convicted or sentenced in violation of their federal constitutional rights. Lower federal courts have no appellate jurisdiction to review state court judgments in criminal cases. Nevertheless, federal courts revisit state convictions and sentences indirectly when they adjudicate federal claims in habeas corpus proceedings. Federal court authority under this heading has theoretical implications for the federal system, as well as practical significance for the implementation of constitutional standards in criminal cases, particularly in capital cases.
Download or read book Federal Habeas Corpus written by Ronald P. Sokol and published by MICHIE. This book was released on 1969 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work is a comprehensive treatment of the writ of habeas corpus in the federal courts for the practitioner.
Download or read book Report to the Attorney General on Federal Habeas Corpus Review of State Judgments written by United States. Department of Justice. Office of Legal Policy and published by . This book was released on 1988 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Habeas Corpus Practice and Procedure written by Randy Hertz and published by Lexis Law Publishing (Va). This book was released on 2001 with total page 1304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 2nd, published in 1994.
Download or read book A Constitutional History of Habeas Corpus written by William F. Duker and published by Praeger. This book was released on 1980-11-21 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Habeas Corpus A Very Short Introduction written by Amanda L. Tyler and published by Oxford University Press. This book was released on 2020-12-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal scholar Amanda L. Tyler discusses the history and future of habeas corpus in America and around the world. The concept of habeas corpus--literally, to receive and hold the body--empowers courts to protect the right of prisoners to know the basis on which they are being held by the government and grant prisoners their freedom when they are held unlawfully. It is no wonder that habeas corpus has long been considered essential to freedom. For nearly eight hundred years, the writ of habeas corpus has limited the executive in the Anglo-American legal tradition from imprisoning citizens and subjects with impunity. Writing in the eighteenth century, the widely influential English jurist and commentator William Blackstone declared the writ a "bulwark" of personal liberty. Across the Atlantic, in the leadup to the American Revolution, the Continental Congress declared that the habeas privilege and the right to trial by jury were among the most important rights in a free society. This Very Short Introduction chronicles the storied writ of habeas corpus and how its common law and statutory origins spread from England throughout the British Empire and beyond, witnessing its use today around the world in nations as varied as Canada, Israel, India, and South Korea. Beginning with the English origins of the writ, the book traces its historical development both as a part of the common law and as a parliamentary creation born out of the English Habeas Corpus Act of 1679, a statute that so dramatically limited the executive's power to detain that Blackstone called it no less than a "second Magna Carta." The book then takes the story forward to explore how the writ has functioned in the centuries since, including its controversial suspension by President Abraham Lincoln during the Civil War. It also analyzes the major role habeas corpus has played in such issues as the World War II incarceration of Japanese Americans and the US Supreme Court's recognition during the War on Terror of the concept of a "citizen enemy combatant." Looking ahead the story told in these pages reveals the immense challenges that the habeas privilege faces today and suggests that in confronting them, we would do well to remember how the habeas privilege brought even the king of England to his knees before the law.
Download or read book Habeas Corpus Proceedings and Issues of Actual Innocence written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2009 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Enemy Combatant Detainees written by Jennifer K. Elsea and published by DIANE Publishing. This book was released on 2010 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contents: (1) Intro.; (2) Early Developments in the Detention and Trial of Enemy Combatants Captured in the ¿War on Terror¿: Rasul v. Bush; Combatant Status Review Tribunals; (3) Pre-Boumediene v. Bush Court Challenges to the Detention Policy: Khalid v. Bush; In re Guantanamo Detainee Cases; Hamdan v. Rumsfeld; Al-Marri; (4) Detainee Treatment Act of 2005 (DTA); (5) The Mil. Comm. Act of 2006 (MCA): Provisions Affecting Court Jurisdiction; Provisions Re: the Geneva Conventions; (6) Post-MCA Issues and Developments: Possible Application to U.S. Citizens; DTA Challenges to Detention; (7) Boumediene v. Bush: Constitutional Right to Habeas; Adequacy of Habeas Corpus Substitute; Implications of Boumediene; (8) Exec. Order to Close Guantanamo and Halt Mil. Commission Proceed.; (9) Redefining U.S. Detention Authority; (10) Constitutional Considerations and Options for Congress; Scope of Challenges; Congressional Authority over Fed. Courts; Separation of Powers Issues; (11) Conclusion: Nat. Def. Author. Provisions; Habeas Corpus Amend.; Bills to Regulate Detention. Figures.
Download or read book The Power of Habeas Corpus in America written by Anthony Gregory and published by Cambridge University Press. This book was released on 2013-04-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells the story of habeas corpus from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas's historical controversies - addressing the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and for wartime detainees from the Civil War and World War II to the War on Terror.
Download or read book A Treatise of the Writ of Habeas Corpus written by William Smithers Church and published by The Lawbook Exchange, Ltd.. This book was released on 2013 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive work discusses all aspects of the writ and its jurisdiction in English common law and United States federal and state courts. Includes an examination of issues of bail, foreign and interstate extradition, the return, pardon, custody, etc. and a thorough history of the writ that traces its history to the Roman Edict.
Download or read book Who is on Trial written by United States. Congress. House. Committee on Government Operations. Government Information, Justice, and Agriculture Subcommittee and published by . This book was released on 1988 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Habeas Corpus in Wartime written by Amanda L. Tyler and published by Oxford University Press. This book was released on 2017 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Habeas Corpus in Wartime unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book begins by tracing the origins of the habeas privilege in English law, giving special attention to the English Habeas Corpus Act of 1679, which limited the scope of executive detention and used the machinery of the English courts to enforce its terms. It also explores the circumstances that led Parliament to invent the concept of suspension as a tool for setting aside the protections of the Habeas Corpus Act in wartime. Turning to the United States, the book highlights how the English suspension framework greatly influenced the development of early American habeas law before and after the American Revolution and during the Founding period, when the United States Constitution enshrined a habeas privilege in its Suspension Clause. The book then chronicles the story of the habeas privilege and suspension over the course of American history, giving special attention to the Civil War period. The final chapters explore how the challenges posed by modern warfare during the twentieth and twenty-first centuries have placed great strain on the previously well-settled understanding of the role of the habeas privilege and suspension in American constitutional law, particularly during World War II when the United States government detained tens of thousands of Japanese American citizens and later during the War on Terror. Throughout, the book draws upon a wealth of original and heretofore untapped historical resources to shed light on the purpose and role of the Suspension Clause in the United States Constitution, revealing all along that many of the questions that arise today regarding the scope of executive power to arrest and detain in wartime are not new ones.
Download or read book Habeas Corpus written by Eric M. Freedman and published by NYU Press. This book was released on 2003-05 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Habeas Corpus is the process by which state prisoners—particularly those on death row—appeal to federal courts to have their convictions overturned. Its proper role in our criminal justice system has always been hotly contested, especially in the wake of 1996 legislation curtailing the ability of prisoners to appeal their sentences. In this timely volume, Eric M. Freedman reexamines four of the Supreme Court’s most important habeas corpus rulings: one by Chief Justice John Marshall in 1807 concerning Aaron Burr’s conspiracy, two arising from the traumatic national events of the 1915 Leo Frank case and the 1923 cases growing out of murderous race riots in Elaine County, Arkansas, and one case from 1953 that dramatized some of the ugliest features of the Southern justice of the period. In each instance, Freeman uncovers new original sources and tells the stories of the cases through such documents as the Justices’ draft opinions and the memos of law clerk William H. Rehnquist. In bracing and accessible language, Freedman then presents an interpretation that rewrites the conventional view. Building on these results, he challenges legalistic limits on habeas corpus and demonstrates how a vigorous writ is central to implementing the fundamental conceptions of individual liberty and constrained government power that underlie the Constitution.
Download or read book Habeas for the Twenty First Century written by Nancy J. King and published by University of Chicago Press. This book was released on 2011-03-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our time—among them terrorism, immigration, crime, and the death penalty. Yet, in recent decades, habeas has been seriously abused. In this book, Nancy J. King and Joseph L. Hoffmann argue that habeas should be exercised with greater prudence. Through historical, empirical, and legal analysis, as well as illustrative case studies, the authors examine the current use of the writ in the United States and offer sound reform proposals to help ensure its ongoing vitality in today’s justice system. Comprehensive and thoroughly grounded in a modern understanding of habeas corpus, this informative book will be an insightful read for legal scholars and anyone interested in the importance of habeas corpus for American government.
