Federal Habeas Corpus Relief: Background, Legislation, and Issues

Description:

This report examines the issues surrounding the debate on whether to further
restrict state prisoners’ access to federal habeas corpus filings. This report does not
discuss issues related to federalism and the proper role of the federal court system in
overseeing the actions of state courts pertaining to prisoners’ constitutional rights.
The report opens with a discussion of a commission that was established in 1988 to
study and make recommendations of the then-current federal habeas corpus system
and the 1996 law that restricted prisoners’ access to federal habeas corpus relief. It
then provides an analysis of federal habeas corpus petition data since 1990. The
report examines whether the number of federal habeas corpus petitions and the time
it takes for the federal court system to process these claims have increased since the
enactment of the the Anti-Terrorism and Effective Death Penalty Act
(AEDPA). It then discusses legislation introduced in the 109th
Congress that would further restrict state prisoners’ access to federal habeas corpus
relief. The report concludes with an analysis of two dominant issues that are at the
center of this debate: delays caused by habeas corpus petitions and post-conviction
representation.

Creator(s):
Location(s): United States
Creation Date: February 1, 2006
Partner(s):
UNT Libraries Government Documents Department
Collection(s):
Congressional Research Service Reports
Usage:
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Past 30 days: 2
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Creator (Author):
Seghetti, Lisa M

Specialist in Social Legislation

Creator (Author):
James, Nathan

Presidential Management Fellow

Publisher Info:
Place of Publication: Washington D.C.
Date(s):
  • Creation: February 1, 2006
Coverage:
Place
United States
Description:

This report examines the issues surrounding the debate on whether to further
restrict state prisoners’ access to federal habeas corpus filings. This report does not
discuss issues related to federalism and the proper role of the federal court system in
overseeing the actions of state courts pertaining to prisoners’ constitutional rights.
The report opens with a discussion of a commission that was established in 1988 to
study and make recommendations of the then-current federal habeas corpus system
and the 1996 law that restricted prisoners’ access to federal habeas corpus relief. It
then provides an analysis of federal habeas corpus petition data since 1990. The
report examines whether the number of federal habeas corpus petitions and the time
it takes for the federal court system to process these claims have increased since the
enactment of the the Anti-Terrorism and Effective Death Penalty Act
(AEDPA). It then discusses legislation introduced in the 109th
Congress that would further restrict state prisoners’ access to federal habeas corpus
relief. The report concludes with an analysis of two dominant issues that are at the
center of this debate: delays caused by habeas corpus petitions and post-conviction
representation.

Physical Description:

26 Pages.

Language(s):
Subject(s):
Partner:
UNT Libraries Government Documents Department
Collection:
Congressional Research Service Reports
Identifier:
Resource Type: Report
Format: Text