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NCJ Number: 149664 Find in a Library
Title: Habeas Corpus Petitions in Death Penalty Cases (From Habeas Corpus in State and Federal Courts, P 81-88, 1994, Victor E. Flango - See NCJ-149658)
Author(s): V E Flango
Date Published: 1994
Page Count: 8
Sponsoring Agency: National Ctr for State Courts
Williamsburg, VA 23185-4147
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
State Justice Institute
Alexandria, VA 22314
Sale Source: National Ctr for State Courts
300 Newport Avenue
Williamsburg, VA 23185-4147
United States of America

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

State Justice Institute
1650 King Street
Suite 600
Alexandria, VA 22314
United States of America
Document: PDF
Type: Survey
Language: English
Country: United States of America
Annotation: This chapter describes differences in habeas corpus petitions filed by death row prisoners compared to those filed by other inmates. There is a debate over the question of whether death penalty cases require a different, and higher, standard of habeas corpus review.
Abstract: In general, more petitioners under a sentence of death raised a greater variety of claims than other petitioners. The exceptions were Fourth and Fifth Amendment claims in Federal court, and Fifth, Eighth, and Fourteenth Amendment claims in State courts, which were more likely to be raised in petitions filed by inmates not sentenced to death. Nearly all petitioners sentenced to death were convicted by jury of murder charges, were represented by counsel at trial, and had counsel to assist in the preparation of habeas petitions. Petitions in death penalty cases were granted more frequently than others in Federal courts, but less frequently in State courts. The data can be used to argue that State courts work effectively to guarantee constitutional rights in capital cases, or conversely, make so many errors that Federal oversight is essential. 3 tables and 18 notes
Main Term(s): Courts
Index Term(s): Capital punishment; Corrections; Federal courts; Habeas corpus; State courts
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=149664

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