Rethinking Prisoner Litigation - Some Preliminary Distinctions Between Habeas Corpus and Civil Rights

• NCJ Number: 98104
• Journal: Prison Journal Volume: 65 Issue: 1 Dated: (Spring-Summer 1985) Pages: 83-106
• Author(s): J Thomas; A Aylward; M L Casey; D Moton; M Oldham; G Wheetley
• Date Published: 1985
• Length: 24 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

Analysis of State prisoner litigation filed in Federal courts in all 50 States and the District of Columbia in 1975, in all 50 States and the District of Columbia in 1975, 1980, and 1983 shows that civil rights filings should be discussed separately from habeas corpus filings, because each has distinct characteristics.

Abstract

The study used both State data and data on civil rights filings in Illinois' Northern Division from August 1977 through June 1984 and habeas filings from January 1983 through June 1984. Basic demographic and similar data were obtained from reports from the Administrative Office of the United States Courts, from census data, and from Department of Justice Bulletins. Filing trends did not fit common explanations, and using aggregate national data obscures the real trends and patterns. Habeas and civil rights filings showed considerable differences in content and filing patterns. Most prisoners did accept the finality of their convictions. Although some prisoners filed multiple suits, individual prisoners generally did not abuse the system through repeated filings. Civil rights filings, which have been increasing, appear to be of greater immediate and long-term importance than habeas filings, which have been declining. Further research should clarify distinctions between different types of filings. Data tables, 13 footnotes, and a list of 26 references are supplied.