Habeas Corpus Petitions in Death Penalty Cases (From Habeas Corpus in State and Federal Courts, P 81-88, 1994, Victor E. Flango - See NCJ-149658)

• NCJ Number: 149664
• Author(s): V E Flango
• Date Published: 1994
• Length: 8 pages
• Sale Source: National Ctr for State Courts; National Institute of Justice/; NCJRS Photocopy Services; State Justice Institute
• Publication Type: Survey
• Language: English
• Country: United States of America

Annotation

This chapter describes differences in habeas corpus petitions filed by death row prisoners compared to those filed by other inmates. There is a debate over the question of whether death penalty cases require a different, and higher, standard of habeas corpus review.

Abstract

In general, more petitioners under a sentence of death raised a greater variety of claims than other petitioners. The exceptions were Fourth and Fifth Amendment claims in Federal court, and Fifth, Eighth, and Fourteenth Amendment claims in State courts, which were more likely to be raised in petitions filed by inmates not sentenced to death. Nearly all petitioners sentenced to death were convicted by jury of murder charges, were represented by counsel at trial, and had counsel to assist in the preparation of habeas petitions. Petitions in death penalty cases were granted more frequently than others in Federal courts, but less frequently in State courts. The data can be used to argue that State courts work effectively to guarantee constitutional rights in capital cases, or conversely, make so many errors that Federal oversight is essential. 3 tables and 18 notes