NCJ Number
47101
Date Published
1978
Length
385 pages
Annotation
SOME OF THE MAIN IDEAS AND ISSUES IN THE AREA OF POST-CONVICTION REMEDIES AND ALTERNATIVES TO IMPRISONMENT ARE UNDERSCORED.
Abstract
THE TERM POSTCONVICTION REMEDIES DENOTES THOSE PROCEDURAL DEVICES AVAILABLE TO A PERSON, WHO, AFTER CONVICTION AND SENTENCE, WANTS TO VACATE OR REDUCE THE SENTENCE IMPOSED, INVALIDATE HIS GUILTY PLEAS, OR SET ASIDE HIS CONVICTION. OVER 287,000 PERSONS WERE SERVING SENTENCES OF MORE THAN 1 YEAR IN STATE AND FEDERAL PRISONS AT THE END OF 1976. IF THE RECENT TREND CONTINUES, THIS NUMBER WILL INCREASE, AS WILL THE NUMBER OF PRISONER PETITIONS FILED IN COURTS THROUGHOUT THE COUNTRY. THE FIGURES RELATING TO THE GROWTH IN LEGAL ACTIVITY OF PRISONERS ARE OVERVIEWED IN THE INTRODUCTORY CHAPER. CONSIDERATION OF ISSUES OF INITIAL IMPORTANCE TO PRISONERS AND THEIR ATTORNEYS IS UNDERTAKEN, THE RIGHT TO COUNSEL AND TO A TRANSCRIPT, THE RIGHT TO BAIL AFTER CONVICTION, AND NONCOLLATERAL PROCEDURES ARE EXAMINED. THERE IS AN EXAMINATION OF THE DIFFERENT TYPES OF REMEDIES AVAILABLE TO PRISONERS, WITH EMPHASIS ON THE COMPLEXITIES THAT HAVE DEVELOPED IN THE FEDERAL REMEDY OF HABEAS CORPUS. POSTCONVICTION REMEDIES IN THE STATES, THE AMERICAN BAR ASSOCIATION (ABA) STANDARDS FOR SUCH REMEDIES, CORAM NOBIS (WRITS OF ERROR), GROUNDS FOR FEDERAL POSTCONVICTION RELIEF, SUCCESSIVE COLLATERAL ATTACKS, PROCEDURAL DEFAULT, DELIBERATE BYPASS AND WAIVER, NONJUDICIAL REMEDIES SUCH AS CLEMENCY, AND THE CUSTODY REQUIREMENT FOR HABEAS CORPUS ARE REVIEWED IN ADDITION TO THE ORIGINS, DEVELOPMENT AND PROCEDURE OF FEDERAL HABEAS CORPUS. AN APPENDIX CONTAINING FEDERAL HABEAS CORPUS STATUTES AND DISTRICT COURT RULES AND FORMS FOR CASES AND PROCEEDINGS IS PROVIDED. AN INDEX IS ALSO INCLUDED. (KBL)