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Habeas Corpus Reform - Hearing Before the Senate Committee on the Judiciary, October 8, 1985

NCJ Number
102499
Date Published
1985
Length
161 pages
Annotation
Testimony and prepared statements discuss the pros and cons of Senate Bill 238 and its proposed reform of collateral review (habeas corpus) procedures.
Abstract
Materials represent the views of senators, academicians, representatives of the American Bar Association, the American Civil Liberties Union, the Conference of Chief Justices, and the Department of Justice. Testimony relates to the history of habeas corpus and the problems of the current system, particularly its creation of tension between Federal and State courts, the large number of frivolous suits, its financial and time costs, and its potential for encouraging endless litigation and relitigation. Specific reforms proposed in the bill are considered, including the time limit on habeas corpus applications, grounds for reopening criminal cases in Federal court, the full and fair standard for State court decisions, and procedures for appeal in collateral proceedings and the exhaustion requirement. While some exceptions are taken to the language of the bill, overall testimony is supportive of the proposed reforms. A copy of the bill is provided.