The Habeas Corpus Reform Act of 1982 PDF Download
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Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 364
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 364
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Book Description
Author: Charles Doyle
Publisher: Nova Publishers
ISBN: 9781600213021
Category : Law
Languages : en
Pages : 82
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Book Description
Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.
Author: William F. Duker
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 366
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Author: James S. Liebman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 258
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Book Description
Previous edition, 2nd, published in 1994.
Author: United States. Department of Justice. Office of Legal Policy
Publisher:
ISBN:
Category : Appellate procedure
Languages : en
Pages : 112
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Book Description
Author:
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 968
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Criminal procedure
Languages : en
Pages : 198
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Book Description
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Law
Publisher:
ISBN:
Category : Criminal justice, Administration of
Languages : en
Pages : 1180
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Book Description
Author: Judith Farbey
Publisher: Oxford University Press
ISBN: 0199248249
Category : Law
Languages : en
Pages : 311
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Book Description
Habeas corpus is the principal means under the common law for the protection of personal liberty. By this ancient writ, the court assumes control over the body of a prisoner so it can discharge him or her to freedom if no proper legal cause can be shown for detention. Habeas corpus secures release from any form of custody, whether decreed by the highest powers of the state or the lowest gangland slave-trader. Its reach is as diverse as the forms of confinement. For just two examples beyond the prison wall, a patient wrongly detained for compulsory medical treatment can invoke its protection and it can even be deployed to determine the proper parental custody of a child. This volume looks first at the historical development of the writ, tracing its growth in significance until its emergence as an item of central constitutional importance. Having established the traditional place of habeas corpus, the volume goes on to examine the limits of the remedy today. It describes the modern workings of the application for habeas corpus and assesses the scope, function, and role of the procedure. It explores the relationship between habeas corpus and fundamental rights. The volume critically surveys the nature of judicial review on habeas corpus and investigates past, present, and potential future uses of the writ. It aims to provide a comprehensive statement of current English law, with added discussion of the position in other Commonwealth countries. The volume concludes with a guide to procedure and sample forms.
Author: United States. Congress. House. Committee on Government Operations. Government Information, Justice, and Agriculture Subcommittee
Publisher:
ISBN:
Category : Appellate courts
Languages : en
Pages : 204
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Book Description
