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The Resource Federal Habeas Corpus: An Abridged Sketch

Federal Habeas Corpus: An Abridged Sketch

Contributor
Summary
Federal habeas corpus as we know it is by and large a procedure under which a federal court may review the legality of an individual's incarceration. It is most often invoked after conviction and the exhaustion of the ordinary means of appeal. It is at once the last refuge of scoundrels and the last hope of the innocent. It is an intricate weave of statute and case law whose reach has flowed and ebbed over time. 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 is an abridged version of CRS Report RL33391, "Federal Habeas Corpus: A Brief Overview," by Charles Doyle, without the footnotes or appendices, and without the quotation marks and citations to authority found in the original
Language
eng
Work
Instance
Label
Federal Habeas Corpus: An Abridged Sketch
Title
Federal Habeas Corpus: An Abridged Sketch
Contributor
Subject
Language
eng
Summary
Federal habeas corpus as we know it is by and large a procedure under which a federal court may review the legality of an individual's incarceration. It is most often invoked after conviction and the exhaustion of the ordinary means of appeal. It is at once the last refuge of scoundrels and the last hope of the innocent. It is an intricate weave of statute and case law whose reach has flowed and ebbed over time. 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 is an abridged version of CRS Report RL33391, "Federal Habeas Corpus: A Brief Overview," by Charles Doyle, without the footnotes or appendices, and without the quotation marks and citations to authority found in the original
Cataloging source
DTICE
Index
no index present
Literary form
non fiction
http://library.link/vocab/relatedWorkOrContributorName
  • Doyle, Charles
  • LIBRARY OF CONGRESS WASHINGTON DC CONGRESSIONAL RESEARCH SERVICE
http://library.link/vocab/subjectName
  • History
  • Federal law
  • Criminal justice system
  • Prisoners
  • Terrorists
  • Congress
  • Litigation
  • State government
  • State law
  • Conflict
  • United states government
  • Modification
  • Sociology and Law
  • Humanities and History
Label
Federal Habeas Corpus: An Abridged Sketch
Instantiates
Publication
Note
CRS Report for Congress
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Extent
7 pages
Form of item
online
Governing access note
APPROVED FOR PUBLIC RELEASE
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Note
Hein Online
System control number
  • (OCoLC)227919936
  • (OCoLC)ocn227919936
Label
Federal Habeas Corpus: An Abridged Sketch
Publication
Note
CRS Report for Congress
Carrier category
online resource
Carrier category code
  • cr
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Extent
7 pages
Form of item
online
Governing access note
APPROVED FOR PUBLIC RELEASE
Media category
computer
Media MARC source
rdamedia
Media type code
  • c
Note
Hein Online
System control number
  • (OCoLC)227919936
  • (OCoLC)ocn227919936

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