NCJ Number
146314
Journal
Criminal Justice Policy Review Volume: 6 Issue: 1 Dated: (1992) Pages: 55-70
Date Published
1992
Length
16 pages
Annotation
The history of the Federal writ of habeas corpus is reviewed along with the most important United States Supreme Court cases that addressed its application. The author discusses whether the use of habeas corpus has expanded beyond its original intent and whether it has been abused by State prisoners.
Abstract
Federal habeas corpus had very limited application until 1960 when its use was expanded by the judicial activism of the Supreme Court under Chief Justice Earl Warren. Under the Warren Court's interpretation of habeas corpus, State prisoners found it much easier to get a Federal court to hear their claims that the State had violated their constitutional rights. Critics of habeas corpus claim that the Warren Court strayed from the historical intent of the doctrine and gave State prisoners too many rights. In recent years, under Chief Justices Warren Burger and William Rehnquist, the Supreme Court has begun moving back to a much more restricted view of habeas corpus. This article reviews the history of the Federal writ of habeas corpus and cites some of the most important Supreme Court decisions involving its use. The author challenges the view that the Warren Court expanded the writ beyond its historical intent and that it has been abused by State prisoners.