How Wide Should the Actual Innocence Gateway Be? An Attempt to Clarify the Miscarriage of Justice Exception for Federal Habeas Corpus Proceedings PDF Download
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Author: Jennifer G. Case
Publisher:
ISBN:
Category :
Languages : en
Pages : 41
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Book Description
This Note posits that the actual innocence standard for presenting new evidence to a habeas court should be further narrowed to exclude newly presented evidence. The gateway to the petitioner's constitutional habeas claims should be limited by a prerequisite that the petitioner present newly discovered evidence to support a claim of actual innocence. Part I of this Note discusses relevant background information on the writ of habeas corpus, including the specific requirements imposed on habeas petitioners by federal legislation. Part II addresses the current state of the law regarding the actual innocence exception in federal habeas corpus cases. Part III compares the quot;newly discoveredquot; standard with the quot;newly presentedquot; standard based on case law and policy concerns surrounding habeas corpus relief. Part IV takes a brief look at three states' approaches to dealing with the issue for additional guidance regarding which standard of evidence should govern. Finally, Part V concludes that U.S. courts should adopt the uniform approach that new evidence in an actual innocence habeas claim must be newly discovered evidence.
Author: Jennifer G. Case
Publisher:
ISBN:
Category :
Languages : en
Pages : 41
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Book Description
This Note posits that the actual innocence standard for presenting new evidence to a habeas court should be further narrowed to exclude newly presented evidence. The gateway to the petitioner's constitutional habeas claims should be limited by a prerequisite that the petitioner present newly discovered evidence to support a claim of actual innocence. Part I of this Note discusses relevant background information on the writ of habeas corpus, including the specific requirements imposed on habeas petitioners by federal legislation. Part II addresses the current state of the law regarding the actual innocence exception in federal habeas corpus cases. Part III compares the quot;newly discoveredquot; standard with the quot;newly presentedquot; standard based on case law and policy concerns surrounding habeas corpus relief. Part IV takes a brief look at three states' approaches to dealing with the issue for additional guidance regarding which standard of evidence should govern. Finally, Part V concludes that U.S. courts should adopt the uniform approach that new evidence in an actual innocence habeas claim must be newly discovered evidence.
Author: National Commission on the Future of DNA Evidence (National Institute of Justice)
Publisher:
ISBN:
Category : Criminal investigation
Languages : en
Pages : 117
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Book Description
"A report from National Commission on the Future of DNA Evidence"--Cover.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 50
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Book Description
Author: Brandon Garrett
Publisher:
ISBN: 9781634603218
Category : Capital punishment
Languages : en
Pages : 0
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Book Description
Softbound - New, softbound print book.
Author: Human Rights Watch
Publisher: Seven Stories Press
ISBN: 1609808150
Category : Political Science
Languages : en
Pages : 810
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Book Description
The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken in 2016 by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.
Author: Vicky Osterweil
Publisher: Bold Type Books
ISBN: 1645036677
Category : History
Languages : en
Pages : 262
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Book Description
A fresh argument for rioting and looting as our most powerful tools for dismantling white supremacy. Looting -- a crowd of people publicly, openly, and directly seizing goods -- is one of the more extreme actions that can take place in the midst of social unrest. Even self-identified radicals distance themselves from looters, fearing that violent tactics reflect badly on the broader movement. But Vicky Osterweil argues that stealing goods and destroying property are direct, pragmatic strategies of wealth redistribution and improving life for the working class -- not to mention the brazen messages these methods send to the police and the state. All our beliefs about the innate righteousness of property and ownership, Osterweil explains, are built on the history of anti-Black, anti-Indigenous oppression. From slave revolts to labor strikes to the modern-day movements for climate change, Black lives, and police abolition, Osterweil makes a convincing case for rioting and looting as weapons that bludgeon the status quo while uplifting the poor and marginalized. In Defense of Looting is a history of violent protest sparking social change, a compelling reframing of revolutionary activism, and a practical vision for a dramatically restructured society.
Author: ARTHUR GRIFFITHS
Publisher:
ISBN:
Category :
Languages : en
Pages : 688
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Book Description
Author: Claire Valier
Publisher: Routledge
ISBN: 1134461054
Category : Law
Languages : en
Pages : 200
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Book Description
Today, questions about how and why societies punish are deeply emotive and hotly contested. In Crime and Punishment in Contemporary Culture, Claire Valier argues that criminal justice is a key site for the negotiation of new collective identities and modes of belonging. Exploring both popular cultural forms and changes in crime policies and criminal law, Valier elaborates new forms of critical engagement with the politics of crime and punishment. In doing so, the book discusses: · Teletechnologies, punishment and new collectivities · The cultural politics of victims rights · Discourses on foreigners, crime and diaspora · Terror, the death penalty and the spectacle of violence. Crime and Punishment in Contemporary Culture makes a timely and important contribution to debate on the possibilities of justice in the media age.
Author: Horace Gerald Danner
Publisher: Rowman & Littlefield
ISBN: 1442233265
Category : Language Arts & Disciplines
Languages : en
Pages : 1007
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Book Description
Horace G. Danner’s A Thesaurus of English Word Roots is a compendium of the most-used word roots of the English language. As Timothy B. Noone notes in his foreword: “Dr. Danner’s book allows you not only to build up your passive English vocabulary, resulting in word recognition knowledge, but also gives you the rudiments for developing your active English vocabulary, making it possible to infer the meaning of words with which you are not yet acquainted. Your knowledge can now expand and will do so exponentially as your awareness of the roots in English words and your corresponding ability to decode unfamiliar words grows apace. This is the beginning of a fine mental linguistic library: so enjoy!” In A Thesaurus of English Word Roots, all word roots are listed alphabetically, along with the Greek or Latin words from which they derive, together with the roots’ original meanings. If the current meaning of an individual root differs from the original meaning, that is listed in a separate column. In the examples column, the words which contain the root are then listed, starting with their prefixes, for example, dysacousia, hyperacousia. These root-starting terms then are followed by terms where the root falls behind the word, e.g., acouesthesia and acoumeter. These words are followed by words where the root falls in the middle or the end, as in such terms as bradyacusia and odynacusis.. In this manner, A Thesaurus of English Word Roots places the word in as many word families as there are elements in the word. This work will interest linguists and philologists and anyone interested in the etymological aspects of English language.
Author: Matilda Joslyn Gage
Publisher:
ISBN:
Category : Women
Languages : en
Pages : 570
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Book Description
