Decline of Habeas Corpus

• NCJ Number: 131456
• Author(s): G Hughes
• Date Published: 1990
• Length: 22 pages
• Sale Source: New York University School of Law
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: Number VIII from the series Occasional Papers From the Center for Research in Crime and Justice of the New York University School of Law.

Annotation

Following a historical review of how habeas corpus came to play its modern role as a postconviction procedure, this paper traces U.S. Supreme Court decisions that have undermined its current use.

Abstract

The undermining of the constitutional right of habeas corpus began in 1976 when the U.S. Supreme Court's decision in Stone v. Powell expelled fourth amendment questions from the realm of habeas corpus. It continued in 1977 when Wainwright v. Sykes held that most constitutional rights may be inadvertently forfeited and only a few need be subjected to the more stringent standards that require a formal waiver. In 1989 habeas corpus was maimed by the holding in Teague v. Lane that the writ may only be used to declare or apply a "new" interpretation of a constitutional right if that right belongs to a very small group that has retroactive application. The overall outcome of this series of cases has been the withdrawal of the Federal courts from effective supervision of the national criminal justice systems. Table of cases