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Author : James S. Liebman,Randy Hertz
Publisher : Unknown
Page : 258 pages
File Size : 42,7 Mb
Release : 1998
Category : Habeas corpus
ISBN : STANFORD:36105060665945
Previous edition, 2nd, published in 1994.
Author : Ronald P. Sokol
Publisher : MICHIE
Page : 472 pages
File Size : 42,6 Mb
Release : 1969
Category : Law
ISBN : STANFORD:36105044087570
This work is a comprehensive treatment of the writ of habeas corpus in the federal courts for the practitioner.
Author : Charles Doyle
Publisher : Nova Publishers
Page : 82 pages
File Size : 43,5 Mb
Release : 2007
Category : Law
ISBN : 1600213022
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.
Author : Larry W. Yackle
Publisher : Unknown
Page : 352 pages
File Size : 52,8 Mb
Release : 2003
Category : Law
ISBN : STANFORD:36105063261445
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.
Author : Andrea D. Lyon,Emily Hughes,Mary Prosser
Publisher : Unknown
Page : 590 pages
File Size : 50,7 Mb
Release : 2005
Category : Law
ISBN : UVA:X004810947
Habeas corpus law changed dramatically after Congress passed the Anti-Terrorism and Effective Death Penalty Act (AEDPA) in 1996. This new book provides a comprehensive view of the latest developments in the field and will continue to be supplemented as Congress passes new legislation and as courts try to make sense of how that legislation affects habeas law.After providing a background on the history of habeas corpus and an overview of common habeas corpus claims, the book examines subject matter jurisdiction, habeas corpus litigation, clemency, stays of execution, and innocence. The book concludes by examining the future of habeas corpus litigation.While this book is primarily intended for law students, it will be useful for attorneys specializing in post-conviction and habeas work. It will also be a valuable addition to the libraries of appellate public defenders across the country.
Author : William Smithers Church
Publisher : Unknown
Page : 1080 pages
File Size : 52,8 Mb
Release : 1893
Category : Habeas corpus
ISBN : STANFORD:36105044097322
Author : Jennifer K. Elsea
Publisher : DIANE Publishing
Page : 57 pages
File Size : 50,7 Mb
Release : 2010
Category : Political Science
ISBN : 9781437920130
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.
Author : James S. Liebman,Randy Hertz
Publisher : Lexis Law Publishing (Va)
Page : 968 pages
File Size : 43,8 Mb
Release : 1998
Category : Law
ISBN : STANFORD:36105060800732
Previous edition, 2nd, published in 1994.
Author : Amanda L. Tyler
Publisher : Oxford University Press
Page : 179 pages
File Size : 51,7 Mb
Release : 2021
Category : LAW
ISBN : 9780190918989
"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.""--
Author : Brian R. Means
Publisher : Unknown
Page : 0 pages
File Size : 44,5 Mb
Release : 2022
Category : Criminal procedure
ISBN : OCLC:1393031656
Author : Anthony Gregory
Publisher : Cambridge University Press
Page : 433 pages
File Size : 41,9 Mb
Release : 2013-04-15
Category : Law
ISBN : 9781107036437
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.
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights
Publisher : Unknown
Page : 622 pages
File Size : 42,9 Mb
Release : 1994
Category : Law
ISBN : UCR:31210011553672
Author : William F. Duker
Publisher : Praeger
Page : 366 pages
File Size : 51,9 Mb
Release : 1980-11-21
Category : Law
ISBN : UOM:39015005066124
Author : Cary Federman
Publisher : State University of New York Press
Page : 256 pages
File Size : 51,6 Mb
Release : 2012-02-01
Category : Social Science
ISBN : 9780791482025
The writ of habeas corpus is the principal means by which state prisoners, many on death row, attack the constitutionality of their conviction in federal courts. In The Body and the State, Cary Federman contends that habeas corpus is more than just a get-out-of-jail-free card—it gives death row inmates a constitutional means of overturning a jury's mistaken determination of guilt. Tracing the history of the writ since 1789, Federman examines its influence on federal-state relations and argues that habeas corpus petitions turn legal language upside down, threatening the states' sovereign judgment to convict and execute criminals as well as upsetting the discourse, created by the Supreme Court, that the federal-state relationship ought not be disturbed by convicted criminals making habeas corpus appeals. He pays particular attention to the changes in the discourse over federalism and capital punishment that have restricted the writ's application over time.
Author : Victor E. Flango
Publisher : Unknown
Page : 150 pages
File Size : 49,8 Mb
Release : 1994
Category : Law
ISBN : STANFORD:36105061116799
