Download or read book Wading Through the Morass of Modern Federal Habeas Review of State Capital Prisoners Claims written by Casey Cole Kannenberg and published by . This book was released on 2009 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt: In July of 2007, Attorney General Alberto R. Gonzales called for comments on his proposed rulemaking on the Certification Process of State Capital Counsel Systems. The response was an overwhelming condemnation not only of the Attorney General's proposed rules, but also of the current state of modern federal habeas corpus review of state capital prisoners' claims. Notwithstanding this criticism, the Attorney General largely ignored the feedback and, in December of 2008, issued final regulations that are virtually identical to the proposed regulations. Why did the Attorney General ignore this incredible opportunity to create a sense of clarity and progress in the system of federal habeas review of state prisoners' claims? More importantly, what must be done to halt the downward spiral of this system? This Article addresses these questions by examining the Antiterrorism and Effective Death Penalty Act's ldquo;opt-inrdquo; provision, which Congress enacted in 1996 to effectuate the twin aims of achieving fairness and efficiency in federal habeas review of capital state prisoners' claims. The heart and soul of the opt-in provision is a quid pro quo arrangement whereby the states receive the benefit of expedited review of federal habeas claims in exchange for states providing competent, compensated counsel in state capital post-conviction proceedings. In 2005, after only one state qualified for opt-in status, it became clear that the opt-in ldquo;experimentrdquo; was not working. Accordingly, Congress transferred certification authority from the federal courts to the Attorney General. The past three years have shown, however, that the Attorney General is not the answer Congress was looking for. This Article argues that, in order to meaningfully reform the system of federal habeas review of state prisoners' claims, either the Attorney General must implement much of the substantive feedback in response to the proposed regulations or Congress must return certification to the appropriate neutral body: the federal courts.
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 American Law Reports written by and published by . This book was released on 2010 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corrections written by Mary K. Stohr and published by SAGE Publications. This book was released on 2019-12-10 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by two academic scholars and former practitioners, Corrections: From Research, to Policy, to Practice, Second Edition offers students a 21st-century look into the treatment and rehabilitative themes that drive modern-day corrections. Authors Mary K. Stohr and Anthony Walsh expertly weave together research, policy, and practice to give readers a foundational understanding of the field of corrections. Readers will gain a comprehensive and practical understanding of corrections, as well as exposure to often-overlooked topics, including correctional programming and treatment, special problem-solving courts, and comparative corrections.
Download or read book In The Name of Justice written by Timothy Lynch and published by Cato Institute. This book was released on 2009-02-24 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: America’s criminal codes are so voluminous that they now bewilder not only the average citizen but also the average lawyer. Our courthouses are so clogged that there is no longer adequate time for trials. And our penitentiaries are overflowing with prisoners. In fact, America now has the highest per capita prison population in the world. This situation has many people wondering whether the American criminal justice system has become dysfunctional. A generation ago Harvard Law Professor Henry Hart Jr. published his classic article, “The Aims of the Criminal Law,” which set forth certain fundamental principles concerning criminal justice. In this book, leading scholars, lawyers, and judges critically examine Hart’s ideas, current legal trends, and whether the “first principles” of American criminal law are falling by the wayside. Policymakers, academics, and citizens alike will enjoy this lively discussion on the nature of crime and punishment, and how the choices we make in formulating criminal laws can impact liberty, security, and justice.
Download or read book Vanda V Lane written by and published by . This book was released on 1991 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Moving Away from the Death Penalty written by Ivan Šimonović and published by UN. This book was released on 2014 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Capital punishment is irrevocable. It prohibits the correction of mistakes by the justice system and leaves no room for human error, with the gravest of consequences. There is no evidence of a deterrent effect of the death penalty. Those sacrificed on the altar of retributive justice are almost always the most vulnerable. This book covers a wide range of topics, from the discriminatory application of the death penalty, wrongful convictions, proven lack of deterrence effect, to legality of the capital punishment under international law and the morality of taking of human life.
Download or read book A Treatise on the Writ of Habeas Corpus written by William Smithers Church and published by . This book was released on 1893 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Colour Coded written by Constance Backhouse and published by University of Toronto Press. This book was released on 1999-11-20 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically Canadians have considered themselves to be more or less free of racial prejudice. Although this conception has been challenged in recent years, it has not been completely dispelled. In Colour-Coded, Constance Backhouse illustrates the tenacious hold that white supremacy had on our legal system in the first half of this century, and underscores the damaging legacy of inequality that continues today. Backhouse presents detailed narratives of six court cases, each giving evidence of blatant racism created and enforced through law. The cases focus on Aboriginal, Inuit, Chinese-Canadian, and African-Canadian individuals, taking us from the criminal prosecution of traditional Aboriginal dance to the trial of members of the 'Ku Klux Klan of Kanada.' From thousands of possibilities, Backhouse has selected studies that constitute central moments in the legal history of race in Canada. Her selection also considers a wide range of legal forums, including administrative rulings by municipal councils, criminal trials before police magistrates, and criminal and civil cases heard by the highest courts in the provinces and by the Supreme Court of Canada. The extensive and detailed documentation presented here leaves no doubt that the Canadian legal system played a dominant role in creating and preserving racial discrimination. A central message of this book is that racism is deeply embedded in Canadian history despite Canada's reputation as a raceless society. Winner of the Joseph Brant Award, presented by the Ontario Historical Society
Download or read book In Defense of the Constitution written by George Wescott Carey and published by . This book was released on 1989 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defense of the Constitution argues that modern disciples of Progressivism who subtly distort fundamental principles of the Constitution are determined to centralize political control in Washington, D.C., to achieve their goal of an egalitarian national society. It is in their distrust of self-government and representative institutions that Progressivists advocate, albeit indirectly, an elitist regime based on the power of the Supreme Court--or judicial supremacy. George W. Carey was Professor of Government at Georgetown University and editor of The Political Science Reviewer. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes.
Download or read book A Patriot s History of the United States written by Larry Schweikart and published by Penguin. This book was released on 2004-12-29 with total page 1350 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the past three decades, many history professors have allowed their biases to distort the way America’s past is taught. These intellectuals have searched for instances of racism, sexism, and bigotry in our history while downplaying the greatness of America’s patriots and the achievements of “dead white men.” As a result, more emphasis is placed on Harriet Tubman than on George Washington; more about the internment of Japanese Americans during World War II than about D-Day or Iwo Jima; more on the dangers we faced from Joseph McCarthy than those we faced from Josef Stalin. A Patriot’s History of the United States corrects those doctrinaire biases. In this groundbreaking book, America’s discovery, founding, and development are reexamined with an appreciation for the elements of public virtue, personal liberty, and private property that make this nation uniquely successful. This book offers a long-overdue acknowledgment of America’s true and proud history.
Download or read book Chronicles of the Cape Fear River 1660 1916 written by James Sprunt and published by . This book was released on 1916 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sentencing Reform in Overcrowded Times written by Michael H. Tonry and published by Oxford University Press, USA. This book was released on 1997 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The articles in this collection originally appeared in the journal “Overcrowded Times”. They provide an overview of sentencing policy, practices, and institution in the United States, other English-speaking countries (Canada, England, Australia, New Zealand & South Africa), and Europe.
Download or read book Reading Law written by Antonin Scalia and published by West Publishing Company. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.
Download or read book Frederick Douglass the Colored Orator written by Frederic May Holland and published by . This book was released on 1891 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A History of England in the Eighteenth Century written by William Edward Hartpole Lecky and published by . This book was released on 1887 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Commonwealth Caribbean Law and Legal Systems written by Rose-Marie Belle Antoine and published by Routledge. This book was released on 2008-06-03 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully updated and revised to fit in with the new laws and structure in the Commonwealth Caribbean law and legal systems, this new edition examines the institutions, structures and processes of the law in the Commonwealth Caribbean. The author explores: - the court system and the new Caribbean Court of Justice which replaces appeals to the Privy Council - the offshore financial legal sector - Caribbean customary law and the rights of indigenous peoples - the Constitutions of Commonwealth Caribbean jurisdictions and Human Rights - the impact of the historical continuum to the region's jurisprudence including the question of reparations - the complexities of judicial precedent for Caribbean peoples - international law as a source of law - alternative dispute mechanisms and the Ombudsman Effortlessy combining discussions of traditional subjects with those on more innovative subject areas, this book is an exciting exposition of Caribbean law and legal systems for those studying comparative law.
