NCJ Number
101371
Date Published
1985
Length
7 pages
Annotation
This statement by Stephen Trott discusses the Department of Justice's (DOJ's) support of S. 238, a bill to reform Federal habeus corpus procedures.
Abstract
Habeus corpus as originally framed was intended as a check on abuses of authority by the Federal Government. Eventually, it became a mechanism by which State criminal judgments can effectively be appealed to Federal trial courts for further review. However, Federal courts usually agree with the conclusion of State courts except in areas where interpretation or application involves unsettled or arguable issues. The problem with the current system is that it is of nebulous benefit, costly, and often results in endless litigation and relitigation. S. 238 incorporates a moderate and balanced set of reforms addressed to the most serious abuses of habeus corpus review by (1) establishing time limits on applications and collateral attacks, (2) establishing a general rule barring the assertion of a claim that was not properly raised before the State courts, (3) affording finality to 'full and fair' State adjudications of a petitioner's claims, and (4) instituting reforms in the procedures on appeal and the operation of the exhaustion requirements which will improve the efficiency of proceedings and reduce the litigating burdens associated with them.