FEDERAL HABEAS CORPUS AND STATE PRISONERS - WHO'S RESPONSIBLE

• NCJ Number: 4936
• Journal: American Bar Association Journal Volume: 58 Dated: (JUNE 1972) Pages: 610-613
• Author(s): A B LAFRANCE
• Date Published: 1972
• Length: 4 pages
• Corporate Author: American Bar Association
• Publication Format: Article

Annotation

HISTORICAL SOURCES OF FEDERAL HABEAS CORPUS JURISDICTION OVER INMATES INCARCERATED IN STATE PRISONS, AND A REVIEW OF CASES AND STATUTES ON THESE PROCEEDINGS.

Abstract

THE FEDERAL HABEAS CORPUS STATUTE WAS PASSED DURING THE RECONSTRUCTION ERA TO PROTECT FEDERAL RIGHTS. RECENTLY THERE HAS BEEN A CONSTANT STREAM OF CRITICISM DIRECTED AGAINST THE EXERCISE OF THIS POWER OVER STATE PRISONERS BY FEDERAL COURTS. THE AUTHOR ANSWERS THIS CRITICISM BY ARGUING THAT THESE PETITIONS ARE A MANAGEABLE BURDEN ON BOTH STATE AND FEDERAL JUDICIAL RESOURCES, SINCE THE PROCEEDINGS TAKE SO LITTLE TIME AND ONLY A SMALL PERCENTAGE OF CASES REQUIRE NEW TRIALS. HE ALSO SUGGESTS THAT THE NEED FOR FEDERAL JURISDICTION WOULD BE LESSENED IF THE STATES AFFORDED ADEQUATE POST CONVICTION REMEDIES.