Federal Habeas Corpus Reform
Title | Federal Habeas Corpus Reform PDF eBook |
Author | United States. Congress. Senate. Committee on the Judiciary |
Publisher | |
Total Pages | 232 |
Release | 1996 |
Genre | Law |
ISBN |
Habeas for the Twenty-First Century
Title | Habeas for the Twenty-First Century PDF eBook |
Author | Nancy J. King |
Publisher | University of Chicago Press |
Total Pages | 272 |
Release | 2011-03-25 |
Genre | Law |
ISBN | 0226436969 |
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.
Federal Habeas Corpus
Title | Federal Habeas Corpus PDF eBook |
Author | Charles Doyle |
Publisher | Nova Publishers |
Total Pages | 82 |
Release | 2007 |
Genre | Law |
ISBN | 9781600213021 |
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.
Report to the Attorney General on Federal Habeas Corpus Review of State Judgments
Title | Report to the Attorney General on Federal Habeas Corpus Review of State Judgments PDF eBook |
Author | United States. Department of Justice. Office of Legal Policy |
Publisher | |
Total Pages | 112 |
Release | 1988 |
Genre | Appellate procedure |
ISBN |
Habeas Reform
Title | Habeas Reform PDF eBook |
Author | United States. Congress. Senate. Committee on the Judiciary |
Publisher | |
Total Pages | 144 |
Release | 2006 |
Genre | Law |
ISBN |
Federal Habeas Corpus Practice and Procedure
Title | Federal Habeas Corpus Practice and Procedure PDF eBook |
Author | James S. Liebman |
Publisher | |
Total Pages | 258 |
Release | 1998 |
Genre | Law |
ISBN |
Previous edition, 2nd, published in 1994.
Habeas Corpus Issues
Title | Habeas Corpus Issues PDF eBook |
Author | United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights |
Publisher | |
Total Pages | 612 |
Release | 1992 |
Genre | Law |
ISBN |