NCJ Number
17722
Journal
Rutgers Law Review Volume: 27 Issue: 5 Dated: (SUMMER 1974) Pages: 937-951
Date Published
1974
Length
15 pages
Annotation
CONSIDERATION OF PROPOSALS FOR LIGHTENING THE COURT'S WORKLOAD OF IN FORMA PAUPERIS PETITIONS (POSTCONVICTION HABEAS CORPUS, CIVIL RIGHTS, AND DIRECT REVIEW OF CONVICTION) FILED BY PRISONERS.
Abstract
THE AUTHOR CONTENDS THAT PRELIMINARY SCREENING BY A LOWER COURT OF CRIMINAL APPEALS OR AN AGENCY CHARGED WITH INVESTIGATING POSTCONVICTION PETITIONS WOULD REDUCE THE SUPREME COURT'S WORKLOAD ONLY TO THE EXTENT THAT IT INSULATED THE COURT FROM CONTACT WITH CONTEMPORARY PROBLEMS AND DIMINISHED ITS CONTROL OVER ITS OWN DOCKET. HE SUGGESTS, HOWEVER, THAT THE SUPREME COURT'S IN FORMA PAUPERIS DOCKET COULD BE REDUCED BY REDUCING THE NUMBER OF CASES INITIATED IN THE LOWER COURTS, SUGGESTED REFORMS INCLUDE LIMITING THE SCOPE OF THE FEDERAL HABEAS CORPUS JURISDICTION, IMPROVING STATE POSTCONVICTION REMEDIES TO PROVIDE AN ALTERNATIVE FORUM FOR TESTING FEDERAL CONSTITUTIONAL CLAIMS, AND PROVIDING LEGAL ASSISTANCE TO PRISONERS IN PREPARING AND FILING PETITIONS.