PROPOSAL AND ANALYSIS OF A UNITARY SYSTEM FOR REVIEW OF CRIMINAL JUDGMENTS

• NCJ Number: 17250
• Author(s): P H ROBINSON
• Date Published: 1974
• Length: 30 pages
• Sponsoring Agency: US Dept of Justice
• Corporate Author: National Ctr for State Courts
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINT OF AN ARTICLE FROM THE BOSTON UNIVERSITY LAW REVIEW, V 54, N 3 (MAY 1974).

Annotation

THE AUTHOR ARGUES THAT RELIANCE UPON THE HISTORICL DISTINCTION BETWEEN 'DIRECT' AND 'COLLATERAL' ATTACKS HAS PRODUCED UNJUSTIFIED TECHNICAL RULES AND UNNECESSARY PROCEUDRES IN THE SYSTEM OF POST CONVICTION REMEDIES.

Abstract

PROPOSED IS A NEW SYSTEM IN WHICH EACH DEFENDANT WOULD BE PROVIDED WITH AN EVIDENTIARY HEARING IMMEDIATELY SUBSEQUENT TO TRIAL, THEREBY INTEGRATING DIRECT AND COLLATERIAL CLAIMS INTO A SINGLE, 'UNITARY' REVIEW PROCEDURE. IT IS CONTENDED THAT SINCE DEFENDNATS WILL BE ABLE TO RAISE ALL COLLATERAL CLAIMS AVAILABLE AT THE POST-JUDGMENT HEARING, IT WOULD BE POSSIBLE TO CURTAIL OPPORTUNITIES FOR ALMOST ALL LATER COLLATERAL ATTACKS UPON THEIR CONVICTIONS. THIS UNITARY SYSTEM OF REVIEW IS EVALUATED IN TERMS OF ITS INCREASED EFFICIENCY, SIMPLICITY, AND FINALITY. A MODEL PROVISION FOR IMPLEMENTING UNITARY REVIEW IS OUTLINED, INCLUDING COURT RULES ESTABLISHING A POST-JUDGEMENT HEARING AND PROHIBITIONS AGAINST LATE OR REPETITIOUS COLLATERAL CLAIMS NOT PRESENTED AT THIS HEARING. QUESTIONS RELATING TO THE CONSITUTIONALITY OF UNITARY REVIEW ARE ALSO CONSIDERED AND DISMISSED.