NCJ Number
13078
Journal
Brooklyn Law Review Volume: 40 Issue: 2 Dated: (FALL 1973) Pages: 253-278
Date Published
1973
Length
26 pages
Annotation
RESTRICTING ACCESS TO FEDERAL COURTS BY ALLOWING HABEAS CORPUS ONLY IN CERTAIN STATUTORILY PRESCRIBED SITUATIONS SEEN AS THE WRONG WAY TO REMEDY JUDICIAL WORKLOAD.
Abstract
A RECENT BILL INTRODUCED IN CONGRESS, S.567, IS AIMED AT REDUCING THE NUMBER OF POST-CONVICTION CLAIMS THAT COULD BE REVIEWED BY THE FEDERAL COURTS. IN ACCOMPLISHING THIS PURPOSE, THE AUTHOR CLAIMS, MANY LEGITIMATE CLAIMS WOULD BE EFFECTIVELY WITHOUT REDRESS. THE PROPOSED LEGISLATION WOULD ALLOW ENTERTAINMENT OF HABEAS CORPUS PETITIONS ONLY IF THE PRISONER IS 'IN CUSTODY IN VIOLATION OF THE CONSTITUTION OF THE UNITED STATES,' THE CLAIMED VIOLATION GOES TO THE 'RELIABILITY OF...THE FACT-FINDING PROCESS,' AND IT IS SHOWN THAT 'A DIFFERENT RESULT WOULD PROBABLY HAVE OBTAINED IF SUCH CONSTITUTIONAL VIOLATION HAD NOT OCCURRED.' IF A CLAIM DOES'T FIT THESE CONSTRAINTS AND THE U.S. SUPREME COURT DOESN'T GRANT CERTIORARI, THE CLAIMANT MAY BE LEFT REMEDILESS.