Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ

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University of Chicago Press, Mar 25, 2011 - Law - 272 pages
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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 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.

 

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Contents

Introduction
Habeas and Detention without Conviction
The History of Habeas Review of State Criminal
Habeas and State Prisoners
The Future of Habeas Review of State Criminal
Collateral Review for Prisoners Convicted of Federal
CHAPTER7 Habeas and the Death Penalty
The Future of Capital Habeas
Square Peg in
Habeas for the TwentyFirst Century
Index
Copyright

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About the author (2011)

Nancy J. King is the Lee S. and Charles A. Speir Professor of Law at Vanderbilt University Law School. Joseph L. Hoffmann is the Harry Pratter Professor of Law at the Indiana University Maurer School of Law.

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