NCJ Number
88819
Date Published
1982
Length
362 pages
Annotation
A Department of Justice (DOJ) official, representatives from civil rights and public defender associations, judges, and State attorney generals testified on a proposed Senate bill to restrict the availability of Federal habeas corpus for State prisoners.
Abstract
A U.S. Senator highlighted the court overloads and delays caused by dramatic increases in the use of habeas corpus writ by State prisoners to attack their State court convictions and compared the provisions of S. 2216 with an earlier bill, S. 653. A DOJ representative then reviewed the provisions of S. 2216 and their potential impact on shortcomings in the system of Federal collateral relief and judicial procedures. Witnesses representing the American Civil Liberties Union, the Legal Aid Society of New York City, the National Legal Aid and Defender Association, and Federal Defenders criticized most provisions of the bill as unfair, uninformed, and unfocused. Their testimony analyzed the rationales offered by the bill's proponents for limiting access to Federal courts for petitioners of writs of habeas corpus as well as specific provisions. They also discussed alternatives for resolving legitimate habeas corpus concerns. Support for S. 2216 was expressed by a panel of judges from the Supreme Courts of Iowa and Alabama and State attorney generals from Florida and Alabama. In contrast to the previous panel, this group generally felt that an even more restrictive law was needed. The bill's text and witnesses' prepared statements are provided.