NCJ Number
67876
Date Published
1980
Length
37 pages
Annotation
THE REPORT FOCUSES UPON PROBLEMS CAUSED BY ATTACKS AGAINST CRIMINAL CONVICTIONS AND WAYS IN WHICH CHANGES IN HABEAS CORPUS PROCEEDINGS AND PARAGRAPH 2254, SECTION 28, OF THE U.S.C. COULD RESULT IN GREATER FINALITY.
Abstract
FINALITY IS NEEDED IN STATE COURT JUDGMENTS BECAUSE PROTRACTED LITIGATION OF FRIVOLOUS CLAIMS DRAINS STATE RESOURCES. IT ALSO PROHIBITS THE ADEQUATE REHABILITATION OF OFFENDERS WHO HAVE RECURRING HOPES OF RELEASE BECAUSE THEY CAN APPEAL THE JUDGMENTS AND PROCEDURES OF THE COURTS. THE WRIT WHICH COULD BE INVOKED ONLY FOR PARTICULAR ABUSES OF THE JUDICIAL SYSTEM. NOW WITH ITS EXPANSION BY LEGISLATION AND DECISIONAL INTERPRETATIONS, IT HAS BECOME A MEANS OF REPEATEDLY CHALLENGING JUDGMENTS SO AS TO DELAY THEIR EXECUTIONS. ALTHOUGH THE RECENT SUPREME COURT DECISIONS IN STONE V. POWELL, ESTELLE V. WILLIAMS, FRANCIS V. HENDERSON, AND WAINWRIGHT V. SYKES HAVE BEGUN A RETREAT FROM THIS EXPANISION, THE RETREAT IS INCOMPLETE AND THE INTERPRETATIONS CREATE CONFUSION FOR STATE AND FEDERAL COURTS. IF FINALITY IN STATE COURT JUDGMENTS IS TO BE ATTAINED, CONGRESSIONAL ACTION APPEARS NECESSARY. ALTHOUGH VARIOUS PROGRAMS COULD BE IMPLEMENTED TO CORRECT THE PROBLEM, LEGISLATION AMENDING PARAGRAPH 2254 AND ITS RELATED PROVISIONS WOULD CLARIFY THE RIGHTS OF STATE PRISONERS TO CHALLENGE STATE COURT JUDGMENTS IN THE FEDERAL COURTS AND THE PROCEDURES THAT ARE TO BE FOLLOWED. A HISTORICAL PERSPECTIVE AND CASE EXAMPLES ARE PROVIDED, AND PROPOSED AMENDMENTS ARE DELINEATED. FOOTNOTES ARE INCLUDED.