NCJ Number
149658
Date Published
1994
Length
124 pages
Annotation
The research contributes to the debate over habeas corpus by presenting empirical evidence from a multi-State research effort based on habeas corpus petitions terminated in both State and Federal courts in 1990 and 1992.
Abstract
The data were extracted from sample of all habeas corpus petitions, including those filed by State prisoners sentenced to death, thereby representing all types of claims and court responses. The samples were independent of each other and included petitioners filing first claims as well as those who have filed multiple petitions. The study aimed to determine whether reforms in State court habeas procedure were necessary to reduce the need for Federal review. The authors concluded that the assumption of the Federal court critique of State convictions was overstated, few petitions were granted, and therefore this cause of State-Federal tension is ameliorated. While more research is needed on the issue of habeas corpus in cases involving the death penalty, this should not deter habeas reform in noncapital cases. Chapter references