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Author : United States. Congress. Senate. Committee on the Judiciary
Publisher : Unknown
Page : 424 pages
File Size : 41,5 Mb
Release : 2009
Category : Capital punishment
ISBN : PSU:000065525388
Author : James S. Liebman,Randy Hertz
Publisher : Unknown
Page : 258 pages
File Size : 41,8 Mb
Release : 1998
Category : Habeas corpus
ISBN : STANFORD:36105060665945
Previous edition, 2nd, published in 1994.
Author : Charles Doyle
Publisher : Nova Publishers
Page : 82 pages
File Size : 48,9 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 : United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights
Publisher : Unknown
Page : 636 pages
File Size : 49,6 Mb
Release : 1995
Category : Law
ISBN : LOC:0005901447A
Author : Hillary K. Valderrama,Jenniffer L. Hopgood,Sandra Guerra Thompson
Publisher : iUniverse
Page : 460 pages
File Size : 54,5 Mb
Release : 2011-07-27
Category : Law
ISBN : 9781462014095
The exoneration of more than two hundred and fifty people who have been wrongfully convicted makes it clear that Americas criminal justice system isnt foolproof. Its important to understand the causes of wrongful conviction in order to find solutions to this growing problem. Edited by one of the nations leading legal scholars and two of her top students, this collection of essays examines critical issues, including what American justice in the age of innocence looks like; how to implement procedural mechanisms to ensure the integrity of the judicial system while safeguarding the public; whether or not the legal system is doing a good enough job uncovering wrongful convictions. This anthology provides insightful lessons based on cutting-edge research and legal analysis. Wrongful convictions are not a foregone conclusion, but the justice system must break free from a pattern of punishing innocent people and go after the true culprits. Written for judges, lawyers and scholars alike, American Justice in the Age of Innocence educates the public and helps current prisoners who are innocent contest their wrongful convictions.
Author : Brandon L. Garrett
Publisher : Harvard University Press
Page : 376 pages
File Size : 53,8 Mb
Release : 2011-08-04
Category : Art
ISBN : 9780674060982
On January 20, 1984, Earl Washington—defended for all of forty minutes by a lawyer who had never tried a death penalty case—was found guilty of rape and murder in the state of Virginia and sentenced to death. After nine years on death row, DNA testing cast doubt on his conviction and saved his life. However, he spent another eight years in prison before more sophisticated DNA technology proved his innocence and convicted the guilty man. DNA exonerations have shattered confidence in the criminal justice system by exposing how often we have convicted the innocent and let the guilty walk free. In this unsettling in-depth analysis, Brandon Garrett examines what went wrong in the cases of the first 250 wrongfully convicted people to be exonerated by DNA testing. Based on trial transcripts, Garrett’s investigation into the causes of wrongful convictions reveals larger patterns of incompetence, abuse, and error. Evidence corrupted by suggestive eyewitness procedures, coercive interrogations, unsound and unreliable forensics, shoddy investigative practices, cognitive bias, and poor lawyering illustrates the weaknesses built into our current criminal justice system. Garrett proposes practical reforms that rely more on documented, recorded, and audited evidence, and less on fallible human memory. Very few crimes committed in the United States involve biological evidence that can be tested using DNA. How many unjust convictions are there that we will never discover? Convicting the Innocent makes a powerful case for systemic reforms to improve the accuracy of all criminal cases.
Author : Louis J. Palmer, Jr.
Publisher : McFarland
Page : 631 pages
File Size : 48,8 Mb
Release : 2008-09-18
Category : Reference
ISBN : 9780786451838
This updated encyclopedia provides ready information on all aspects of capital punishment in America. It details virtually every capital punishment decision rendered by the United States Supreme Court through 2006, including more than 40 cases decided since publication of the first edition. Entries are also provided for each Supreme Court Justice who has ever rendered a capital punishment opinion. Entries on jurisdictions cite present-day death penalty laws and judicial structure state by state, with synopses of common and unique features. Also included are entries on significant U.S. capital prosecutions; legal principles and procedures in capital cases; organizations that support and oppose capital punishment; capital punishment's impact on persons of African, Asian, Hispanic, and Native American descent, on women, and on foreign nationals; and the methods of execution. Essential facts are also provided on capital punishment in more than 200 other nations. A wealth of statistical data is found throughout.
Author : Yale Kamisar,Wayne R. LaFave,Jerold H. Israel
Publisher : Unknown
Page : 374 pages
File Size : 43,7 Mb
Release : 1995
Category : Criminal procedure
ISBN : UOM:35112202256238
Author : Nancy J. King,Joseph L. Hoffmann
Publisher : University of Chicago Press
Page : 272 pages
File Size : 41,8 Mb
Release : 2011-03-25
Category : Law
ISBN : 9780226436968
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.
Author : Scott Vollum,Rolando V. del Carmen,Durant Frantzen,Claudia San Miguel,Kelly Cheeseman
Publisher : Routledge
Page : 392 pages
File Size : 50,8 Mb
Release : 2014-03-15
Category : Law
ISBN : 9781455776740
The Death Penalty, Third Edition, brings together all the legal issues related to the death penalty and provides case briefs for the most important United States Supreme Court death penalty cases. No other book available brings together a discussion of the major constitutional issues surrounding the death penalty with a broad array of associated case briefs. The authors classify cases according to legal issues and provide a commentary on the various sub-topics, presenting legal materials in an easily understood form. Though the primary audiences of the book are undergraduates in criminal justice programs and practitioners in the corrections and justice systems, the book will also prove useful to anyone who has an interest in the death penalty, the criminal justice system, or the United States Constitution. Every chapter starts with commentaries regarding general case law in a sub-topic, such as aggravating and mitigating factors, followed by a chart of the cases briefed in the chapter, and then the case briefs. These case briefs acquaint the reader with Supreme Court cases by summarizing facts, issues, reasons, and holdings. The Death Penalty, Third Edition, is a succinct, trusted guide to the law of capital punishment in the United States. Offers a large number of case briefs from the most important and most recent Supreme Court decisions involving the death penalty to illustrate evolution of death penalty law and the Constitutional standing of capital punishment Reflects significant shifts in the social and political climate surrounding the death penalty in recent years Provides updated discussion of key death penalty trends and issues including those associated with number of executions, wrongful convictions/executions, public attitudes and support for the death penalty, and current controversies surrounding its use
Author : Rolando V. del Carmen,Scott Vollum,Kelly Cheeseman,Durant Frantzen,Claudia San Miguel
Publisher : Routledge
Page : 447 pages
File Size : 47,5 Mb
Release : 2010-07-02
Category : Law
ISBN : 9781437755701
Bringing together the major death penalty cases decided by the U.S. Supreme Court and the legal issues related to the death penalty, this text classifies the cases according to legal issues, provides commentary on the general case law, provides a chart of the cases discussed, and then presents the legal materials in an understandable, easy-to-digest case brief format. Each chapter includes an outline; briefs for cases that include facts, holding, reasoning and opinions; summary and conclusions; and internet resources.
Author : Daniel S. Medwed
Publisher : Cambridge University Press
Page : 441 pages
File Size : 52,7 Mb
Release : 2017-03-30
Category : Law
ISBN : 9781107129962
This book examines the lessons learned from twenty-five years of using DNA to free innocent prisoners and identifies lingering challenges.
Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 43,8 Mb
Release : 2007
Category : Law
ISBN : 1590318730
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights
Publisher : Unknown
Page : 612 pages
File Size : 47,9 Mb
Release : 1992
Category : Law
ISBN : PURD:32754078037631
Author : Jens David Ohlin
Publisher : Aspen Publishing
Page : 816 pages
File Size : 45,6 Mb
Release : 2023
Category : Criminal procedure
ISBN : 9798886143157
"Law school casebook for Criminal Procedure"--