Download or read book Habeas Corpus Reform written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1991 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Habeas Corpus Reform written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1996 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Habeas Corpus Reform written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1986 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Habeas Corpus Reform Act of 1982 written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1982 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book habeas reform the streamlined procedures act written by and published by DIANE Publishing. This book was released on with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Reform written by Roger A. Hanson and published by . This book was released on 1995 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Statement of Stephen S Trott Assistant Attorney General Criminal Division Before the Committee on the Judiciary United States Senate Concerning S 238 Habeas Corpus Reform on October 8 1985 written by Stephen S. Trott and published by . This book was released on 1985 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Habeas Corpus Relief written by and published by . This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal habeas corpus is the statutory procedure under which state and federal prisoners may petition the federal courts to review their convictions and sentences to determine whether they are being held contrary to the laws or the Constitution of the United States. In 1996, Congress passed legislation that restricted a prisoner's ability to seek relief through the writ of habeas corpus. The 109th Congress is considering legislation that would further restrict a state prisoner's access to federal habeas corpus relief (S. 1088/H.R. 3035). At issue for Congress is whether it should further restrict state prisoners' access to federal habeas corpus relief by limiting the federal role in policing constitutional violations in the states' criminal justice systems. Two issues have emerged as Congress considers such legislation -- trial finality and adequate representation. Proponents of habeas corpus reform contend that restricting state prisoners' access to federal habeas corpus relief is necessary due to many prisoners filing excessive and frivolous claims that result in a backlog in the system and substantial delays in the processing of these cases. Critics contend, however, that many states' criminal justice systems are flawed, with many indigent defendants lacking proper representation throughout all stages of the criminal justice system. They argue that for many defendants, the writ of habeas corpus plays a key role in restoring justice when the system fails. The current debate over whether to reform the federal habeas corpus law is centered around state capital cases. As of December 31, 2004, there were 3,282 prisoners on death row in state prisons. These cases experience some of the lengthier delays that have been highlighted in congressional testimony, and for many this is where the concern rests. The issue of trial finality becomes apparent in these cases because the mandated outcome -- execution -- is suspended pending the outcome of the habeas corpus proceeding. An analysis of the Administrative Office of the U.S. Courts' (AOUSC) data, however, does not fully support the claim that state capital habeas corpus cases take excessively long to process. AOUSC data reveals that although the median time for state capital cases to make their way through a federal habeas corpus proceeding is twice as long as state non-capital cases, the rate of filing for habeas relief for both types of cases has remained constant. Since 1988, prisoners serving a federal capital sentence are entitled to counsel during all post-conviction proceedings. Unlike the federal criminal justice system, most states do not afford prisoners the same right. Critics contend that by not having a mandatory system of post-conviction representation, many states ignore the reality that indigent death row prisoners are not able to competently engage in postconviction litigation. A study that was conducted over a 23-year period raised the question of whether the delays commonly associated with federal habeas corpus review are necessary to make sure that justice is administered fairly. The research also raised the possibility that the errors found in capital cases may be the result of poor representation. Until the issue of adequate representation is fully addressed in the states' criminal justice systems, habeas corpus reform efforts will continue to be debated. This report will be updated as legislation warrants.
Download or read book Habeas Reform written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2006 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights and published by . This book was released on 1994 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Habeas Corpus Issues written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights and published by . This book was released on 1992 with total page 612 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Habeas Corpus written by Amanda L. Tyler and published by Oxford University Press. This book was released on 2021 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The storied writ of habeas corpus-literally, to hold the body-has enjoyed celebrated status in the common law tradition for centuries. Writing in the eighteenth century, the widely influential English jurist and commentator William Blackstone once labeled the writ of habeas corpus a "bulwark of our liberties." Soon thereafter, a member of Parliament glorified the writ as "[t]he great palladium of the liberties of the subject." Meanwhile, across the Atlantic, in the lead up 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, "without which a people cannot be free and happy." A few years later, while promoting the ratification of the United States Constitution in The Federalist, Alexander Hamilton celebrated the privilege as one of the "greate[st] securities to liberty and republicanism" known. Thus, as another participant in the ratification debates wrote, the writ of habeas corpus has long been viewed as "essential to freedom.""--
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 Reform written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1996 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt:
