NCJ Number
116905
Journal
Prosecutor Volume: 22 Issue: 2 Dated: (1988) Pages: 27-31
Date Published
1988
Length
5 pages
Annotation
This article describes the latest developments in the judicial history of the writ of habeas corpus.
Abstract
The history of the writ of habeas corpus is presented, with an analysis of the writ's power. The procedure of habeas corpus is discussed, as well as background cases of historical interest. The basic requirement of the writ is detailed. The writ of habeas corpus is available in criminal proceedings only; It can be used only when there is custody. Limitations of the use of the writ are outlined. Although Federal prisoners have the writ easily available to them, it is not as easily utilized by State prisoners; State remedies must first be exhausted. Fourth amendment issues are explored, and the presumption of correctness of lower court historical fact-findings, the lack of contemporaneous objection, and the status of the successful habeas petitioner are detailed. The current Supreme Court, like its predecessor, is limiting the availability of habeas. 44 footnotes.