NCJ Number
107282
Journal
Michigan Law Review Volume: 85 Issue: 2 Dated: (December 1986) Pages: 570-591
Date Published
1986
Length
22 pages
Annotation
Broad dissatisfaction has been expressed with the current status of Federal habeus corpus because it is inconsistent with the proper allocation of responsibility between Federal and State Courts; its abuse places an undue burden on the Federal judiciary; and it has resulted in a lack of finality and, therefore, a lack of deterrence effectiveness of State court convictions.
Abstract
A number of proposals have been put forth to limit access to Federal habeus corpus. These include limiting Federal review to cases in which all State procedures have been exhausted, to issues relating to fundamental fairness or the reliability of the State guilt-finding process, to issues raised within a specified period of time, or to cases in which a colorable showing of innocence can be made. It is suggested that there is need for agreement between Congress and the courts on the conceptual basis for limitations. A focus on petitioner innocence is clearly in the best interests of the State correctional system and courts and prisoners. 89 footnotes.