NCJ Number
149662
Date Published
1994
Length
22 pages
Annotation
This chapter discusses the claims raised by inmates filing habeas corpus petitions and the parties against whom such claims are made, i.e., attorneys, police, prosecutor, and court.
Abstract
Most petitioners raise more than one claim per petition. This analysis is based on the number of petitioners making a certain claim, rather than the number of claims raised. Claims raised are categorized here by the institution against which the claim was made, and also by the relevant constitutional amendment which was allegedly breached. Challenges to the competency of the attorney representation, guaranteed by the Sixth Amendment, were the most common claims in both State and Federal court. Specific ineffective assistance of counsel claims include failure to investigate, to object to admissibility of evidence, to appeal, to call witnesses, to raise an affirmative defense, and to cross-examine. Nearly 30 percent of both State and Federal court petitioners claimed trial court errors, including detrimental procedural error, improper jury instructions, failure to suppress improper evidence, excluded evidence, biased judge, abuse of discretion, and denied motion for self-representation. Other claims related to detainment and punishment issues, prosecutorial misconduct, and lack of due process. 11 tables, 2 figures, and 20 notes