NCJ Number
140769
Journal
Criminal Justice Journal Volume: 14 Issue: 2 Dated: (Fall 1992) Pages: 149- 162
Date Published
1992
Length
14 pages
Annotation
Habeas corpus reform is urgently needed and will be most effectively accomplished by the habeas provisions of the President's crime legislation, which establishes a time limitation of 1 year after exhaustion of State remedies for instituting habeas cases.
Abstract
The President's bill also preserves and codifies the important U.S. Supreme Court rulings in this area. In addition, it sharply curtails the abuse of habeas corpus by specifically providing that issues that were fully and fairly litigated in the State courts will not be heard again by Federal officials. These reforms are urgently needed, because three complete post-conviction reviews of criminal sentences are currently allowed. However, the habeas corpus provisions contained in the conference report on the current crime bill, H.R. 3371, will compound the current problems by overruling many of the most significant recent Supreme Court decisions and increasing delays and the number of cases. Footnotes