NCJ Number
170794
Journal
New England Journal on Criminal and Civil Confinement Volume: 23 Issue: 2 Dated: (Summer 1997) Pages: 463-496
Date Published
1997
Length
34 pages
Annotation
This Comment addresses the burden of showing actual innocence in habeas corpus review and reviews efforts at reform.
Abstract
The US Supreme Court has applied two different standards when evaluating the threshold showing of innocence in habeas corpus review. One burden of proof requires a petitioner to come forward with a probable or colorable showing of innocence. Under a more stringent standard, however, a petitioner must establish clear and convincing evidence of innocence. This Comment addresses the question of which burden should apply when an inmate presents innocence of the crime itself. The Comment also provides an introduction and historical background to habeas corpus and to the "actual innocence" exception; describes the two standards previously noted; details the facts of Schlup v. Delo and traces the procedural history of the case; discusses the US Supreme Court decision; analyzes the rationale employed in Schlup as well as the legal and policy considerations surrounding ¦actual innocence¦ in habeas jurisprudence; and examines post-Schlup legislation and its effects on the Schlup decision and habeas jurisprudence. Notes