Habeas for the Twenty-First Century
Uses, Abuses, and the Future of the Great Writ
Habeas for the Twenty-First Century
Uses, Abuses, and the Future of the Great Writ
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 time—among 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.
See the author’s website for the book.
272 pages | 8 line drawings, 2 tables | 6 x 9 | © 2011
Law and Legal Studies: General Legal Studies
Political Science: Judicial Politics
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Table of Contents
Chapter 1. An Introduction to the Writ of Habeas Corpus
Chapter 2. Habeas and Detention without Conviction
Chapter 3. The History of Habeas Review of State Criminal Cases
Chapter 4. The Costly Charade: Habeas and State Prisoners Today
Chapter 5. The Future of Habeas Review of State Criminal Cases
Chapter 6. Collateral Review for Prisoners Convicted of Federal Crimes
Chapter 7. Habeas and the Death Penalty
Chapter 8. The Future of Capital Habeas
Chapter 9. Sentence-Administration Claims: Square Peg in a Round Hole
Chapter 10. Habeas for the Twenty-First Century
Notes
Index
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