Federal role attacked by habeas reform bid
Article Abstract:
Changes that the Anti-Terrorism and Effective Death Penalty Act of 1996 makes in the federal habeas corpus review system endanger sound, legitimate review of the constitutional sufficiency of state court judgments. The new statute eliminates important qualifications on the deference a federal court must give the trial court. The so-called duplication of multiple reviews ignores the powerful interests that lead most state trial courts to give habeas petitions scant attention. Other problems in the Act are discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Habeas proposal stresses only appeals counsel
Article Abstract:
An anti-terrorism bill before Congress contains habeas corpus changes. The habeas part of the bill is similar in both chambers and would both limit the time frame for habeas appeals by inmates and limit the power of federal judges to alter state court rulings. Proponents say such changes would result in more effective enforcement of capital punishment laws and less federal court congestion. On the other side are reports that habeas petitions by capital defendants constitute only 1% of those filed each year.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Prisoners' rights lawyers plan attack on new law
Article Abstract:
Prisoners' rights lawyers plan to attack the Prison Litigation Reform Act , passed in Apr 1996, which limits federal judicial powers to oversee state and local jails and gives them more power to summarily dismiss frivolous prisoner filings. Other provisions of the bill include limits on judicial power to release prisoners early due to overcrowded prisons and mandatory exhaustion of prisoner remedies before they can file suit.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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