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Plenary Presentation: Post-Conviction Relief: New Challenges for State Courts

NCJ Number
108494
Author(s)
J Cameron; F J Remington; R Hanson
Date Published
1987
Length
0 pages
Annotation
Presenters discuss trends in postconviction relief, notably the use of Federal habeas corpus, and suggest ways to reduce the volume of appeals.
Abstract
The moderator, James Cameron of the Arizona Supreme Court, advises that postconviction relief is unduly long and should be shortened without undermining defendants' rights. Frank Remington, professor at the University of Wisconsin Law School, suggests ways to reduce the volume of Federal habeas corpus cases. He favors limiting the use of Federal habeas corpus cases to those that have exhausted State remedies and that question the reliability of the guilt-finding process. He also recommends that the cases have clear evidence for an arguable claim of innocence. Remington's central recommendation is that State trial procedures be improved to lessen the need for postconviction review. Roger Hanson, president of Justice Resources in Washington, D.C., notes the increase in the percentage of various types of postconviction appeals. He suggests that research and information are needed before the problem can be addressed. Such efforts should identify the reasons for appeals and the factors involved in successful appeals. Such data could be the basis for remedying and reforming those trial procedures and omissions that are the sources of appeals. Audience questions are included.

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