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NCJ Number: 120249 Add to Shopping cart Find in a Library
Title: Rethinking Habeas Corpus
Author(s): K S Scheidegger
Corporate Author: Criminal Justice Legal Foundation
United States of America
Date Published: 1989
Page Count: 98
Sponsoring Agency: Criminal Justice Legal Foundation
Sacramento, CA 98516
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Legislation/Policy Analysis
Format: Document
Language: English
Country: United States of America
Annotation: This analysis of the history of habeas corpus law and recent cases in Alabama, Florida, and Georgia concludes that some changes are needed in both Federal and State courts to limit the use of habeas corpus.
Abstract: The study concludes that the State supreme courts are conscientiously applying the precedents of the United States Supreme Court, although the lower Federal courts are sometimes willfully disobedient of United States Supreme Court precedent. However, Federal habeas corpus is almost never used to correct fundamentally wrong results. In addition, few of the errors reviewed in Federal habeas corpus relate to the fundamental fairness of the trial. Moreover, the States are not doing as much as they could to preserve the integrity of their own judgments through such approaches as rapid resolution of claims and providing explicit findings of facts. The habeas corpus review of final convictions currently serves both legitimate and illegitimate purposes, and some specific changes in Federal and State rules would correct the current problems. List and explanation of each proposed change, footnotes, and appended summaries of cases are included.
Main Term(s): Habeas corpus
Index Term(s): Alabama; Florida; Georgia (USA); Judicial review
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