Habeas Corpus - Origins And History, Constitutional Protection Of The Writ Of Habeas Corpus, The Scope Of Federal Habeas Corpus

Habeas Corpus - Origins And History

Habeas corpus in its most familiar form (ad subjiciendum) has played an important role in Anglo-American history as a safeguard of individual liberty. Indeed, the availability of habeas relief was at the center of the struggle between Crown and Parliament in the seventeenth century, when Parliament objected to lawless detentions for which no judicial remedies were forthcoming. Infamous deprivation…

Habeas Corpus - Constitutional Protection Of The Writ Of Habeas Corpus

One central question surrounding the suspension clause concerns the nature and scope of its protection. As an initial matter, the clause does not declare that the writ of habeas corpus must be made available (as was proposed but not adopted during the constitutional convention), but rather suggests that once established it cannot be withdrawn (barring rebellion or invasion). In Ex Parte Bollman, 8…

Habeas Corpus - The Scope Of Federal Habeas Corpus

The most controversial question surrounding federal habeas corpus concerns its appropriate role. This question has two components: how has federal habeas corpus functioned historically and how should it function today? The English version of the writ secured by the Habeas Corpus Act of 1679 primarily afforded a mechanism for challenging unauthorized pretrial detentions. The earliest habeas practic…

Habeas Corpus - The Emergence Of Modern Federal Habeas Corpus

By the mid-twentieth century, the Court cemented federal habeas's role as a vehicle for challenging the lawfulness of state criminal convictions (Brown v. Allen, 344 U.S. 443 (1953)). Most importantly, the Court indicated that state court legal determinations were not binding on federal habeas courts, and that such courts should address federal constitutional claims de novo. At the time Bro…

Habeas Corpus - Relationship Of Federal Habeas To State Postconviction

The availability, scope, and significance of state postconviction review has changed dramatically over the past half century. Prior to the 1950s, state postconviction remedies consisted almost entirely of common law writs, most prominently habeas corpus and coram nobis. These writs did not generally afford state inmates a meaningful opportunity to adjudicate federal constitutional issues. Stat…

Habeas Corpus - The Proceduralization Of Federal Habeas Corpus

Just as the Warren Court's "revolution" of criminal procedure became a target of extensive criticism, federal habeas's role in implementing the revolution also came under attack. Some critics argued that federal habeas had become excessively intrusive on legitimate state interests, notably the finality of state criminal convictions and comity for state courts. Other cri…

Habeas Corpus - Habeas Corpus And Capital Punishment

The enormous growth of procedural obstacles on federal habeas, as well as the new limitations period established in the AEDPA, have made it extremely difficult for unrepresented petitioners, acting pro se, to receive federal review of their constitutional claims. As a result, the bulk of meaningful federal habeas litigation now involves death-sentenced inmates, for whom Congress recently establish…

Habeas Corpus - The Future Of Federal Habeas For State Prisoners

Federal habeas corpus for state prisoners is presently in a precarious position. For its critics, federal postconviction review of state criminal convictions is an unjustifiable intrusion into state criminal justice systems. Such review subjects state court decisions to review in the lower federal courts (as opposed to the U.S. Supreme Court) often years after trial. To this extent, current federa…

Habeas Corpus - Bibliography

——. "More Than 'Slightly Retro': The Rehnquist Court's Rout of Habeas Corpus Jurisdiction in Teague v. Lane." New York University Review of Law and Social Change 18 (1990–1991): 537–635. ——. "Incorporating the Suspension Clause: Is there a Constitutional Right to Federal Habeas Corpus for State Prisoners?" U…

Habeas Corpus - Cases