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NCJRS Abstract

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NCJ Number: 113132 Add to Shopping cart Find in a Library
Title: Who Is on Trial? Conflicts Between the Federal and State Judicial Systems in Criminal Cases: Hearing Before A House Subcommittee of the Committee on Government Operations, February 26, 1988
Corporate Author: US Congress
House Cmtte on Government Operations
United States of America
Date Published: 1988
Page Count: 197
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
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Sale Source: National Institute of Justice/
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United States of America

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Document: PDF
Type: Legislative Hearing/Committee Report
Language: English
Country: United States of America
Annotation: Statements, letters, and supplemental materials consider problems with current Federal habeus corpus procedures, particularly in capital cases, and the provisions of the proposed Criminal Justice Reform Act (H.R. 3777 and S. 1970).
Abstract: Major criticisms of current procedures include that they are largely unnecessary because there exist adequate safeguards to prevent abuses of governmental authority; that they result in costly and time consuming series of appeals that prevent proper consideration of other types of cases by the Federal courts; and that they usurp the authority of State courts and contribute to friction between the State and Federal justice systems. Discussion also considers proposed provisions that would set a 1-year time limit on Federal habeus corpus applications, narrow and simplify the standard of review in habeus corpus proceedings, and reduce the grounds for invalidating a capital sentence. Other provisions discussed would limit raising claims that were not previously raised in State courts, permit prompt denial of frivolous petitions, and limit authority to authorize appeals in habeus corpus cases to judges of the courts of appeals. In general, testimony favors the proposed reforms as a means of easing overloaded court dockets, re-introducing greater finality into judgments, preventing delays, avoiding unnecessary duplication of judicial efforts, and according proper deference to State courts and proceedings.
Main Term(s): Habeas corpus
Index Term(s): Capital punishment; Judicial review; Separation of powers
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=113132

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