NCJ Number
71045
Date Published
1980
Length
115 pages
Annotation
The book explores the feasibility of further research on the comparative study of the finality of criminal convictions and gives preliminary indications of the substance, problems, and needs of the research.
Abstract
In essence, this descriptive text is a first source of information and an invitation to further exploration of this issue. Several chapters examine the internal systems of post conviction remedies in several countries. The overview of postconviction remedies covers the available remedies in the United States, the Mexican 'amparo' suite, the writ of habeas corpus in modern Brazil, and postconviction remedies in Yugoslavia, in the Federal Republic of Germany, and in the People's Republic of China. The countries were selected because of their diversity of ideas, perspectives, and interesting postconviction features. Both West Germany and Italy developed a distinct type of judicial process to protect the constitutional rights of individuals. They established constitutional courts to conduct judicial reviews. A final chapter addresses the right of habeas corpus, or more generally, the freedom from arbitrary arrest, detention, and exile, as an international human right. It is suggested that the adoption of an international habeas corpus treaty might promote drives for human rights in other countries. A comparative examination of the postconviction remedies is advocated as a means to uncover a society's conceptions of fundamental human rights. Extensive chapter notes and subject and name indexes are provided. (Author abstract modified)