Habeas for the Twenty-First Century

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  • Format: Hardcover
  • Copyright: 2011-04-30
  • Publisher: Univ of Chicago Pr

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For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our timeamong them terrorism, immigration, crime, and the death penalty. Yet, in recent decades, habeas has been seriously abused. In this book, Nancy J. King and Joseph L. Hoffmann argue that habeas should be exercised with greater prudence. Through historical, empirical, and legal analysis, as well as illustrative case studies, the authors examine the current use of the writ in the United States and offer sound reform proposals to help ensure its ongoing vitality in today's justice system. Comprehensive and thoroughly grounded in a modern understanding of habeas corpus, this informative book will be an insightful read for legal scholars and anyone interested in the importance of habeas corpus for American government.

Table of Contents

Introductionp. vii
An Introduction to the Writ of Habeas Corpusp. 1
Habeas and Detention without Convictionp. 18
The History of Habeas Review of State Criminal Casesp. 48
The Costly Charade: Habeas and State Prisoners Todayp. 67
The Future of Habeas Review of State Criminal Casesp. 87
Collateral Review for Prisoners Convicted of Federal Crimesp. 108
Habeas and the Death Penaltyp. 122
The Future of Capital Habeasp. 135
Sentence-Administration Claims: Square Peg in a Round Holep. 153
Habeas for the Twenty-First Centuryp. 167
Notesp. 173
Indexp. 235
Table of Contents provided by Ingram. All Rights Reserved.

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