NCJ Number
57320
Date Published
1977
Length
736 pages
Annotation
TO INFORM PRISONERS OF THEIR LEGAL RIGHTS AND HOW TO PROTECT THOSE RIGHTS, THIS HANDBOOK COVERS APPLICABLE STATE AND FEDERAL LAW THROUGH 1977, CONSTITUTIONAL GUIDELINES, AND PROCEDURES TO BE INITIATED.
Abstract
DRAWING HEAVILY UPON PENNSYLVANIA LAW AND PROCEDURE, THE STATE COURT APPELLATE PROCESS IS OUTLINED. INFORMATION ON FILING FEES TO BE SUBMITTED AND FORMS TO BE COMPLETED CONCERNING THE APPEALS PROCESS ARE DESCRIBED. A LIST OF ALL THE COURTS OF COMMON PLEAS IN PENNSYLVANIA IS PROVIDED, BUT THE BASIC RATIONALE AND CONSTITUTIONAL GUIDELINES ARE APPLICABLE IN EVERY STATE OF THE U.S. POST CONVICTION HEARING ACT PETITIONS, PETITIONS FOR A WRIT OF HABEAS CORPUS, AND PETITION FOR A WRIT OF CORUM NOBIS, AS THE THREE MOST FREQUENTLY USED REMEDIES TO ATTACK THE VALIDITY OF A CRIMINAL CONVICTION, ARE DESCRIBED IN VIEW OF TECHNICAL DIFFERENCES BETWEEN THE THREE REMEDIES AND LIMITATIONS, BY STATUTE AND COURT DECISIONS, ON THE USE OF EACH IN A PARTICULAR JURISDICTION. SAMPLE FILING FORMS AND A LIST OF HABEAS CORPUS STATUTES BY STATE ARE PROVIDED. FOR STATE PRISONERS, THE DESCRIPTION AND PROCEDURES INVOLVED IN FILING A PETITION FOR A WRIT OF HABEAS CORPUS ARE INCLUDED IN THE HANDBOOK. FORMS PROVIDED IN THIS SECTION INCLUDE A NOTICE OF APPEAL TO A COURT OF APPEALS FROM THE JUDGMENT OR ORDER OF A DISTRICT COURT, AN AFFIDAVIT TO ACCOMPANY MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS, A REQUEST FOR CERTIFICATE OF PROBABLE CAUSE, AND AN ORDER TO SHOW CAUSE. A CHART SHOWS THE LOCATION OF CIRCUIT AND DISTRICT COURTS HAVING JURISDICTION IN THIS AREA. AMENDMENTS TO RULES GOVERNING STATE HABEAS CORPUS CASES IN THE U.S. DISTRICT COURTS ARE ALSO INCLUDED. FINALLY, CIVIL RIGHTS ACT PREREQUISITES ARE DISCUSSED, INCLUDING PRISONERS' RIGHTS UNDER THE U.S. CONSTITUTION, POTENTIAL REMEDIES UNDER SECTION 1983 OF THE CIVIL RIGHTS ACT, AND PROCEDURES INVOLVED IN FILING SUIT UNDER THE ACT. NUMEROUS SAMPLE FORMS ARE INCLUDED. FOOTNOTES FOLLOW THE TEXT OF EACH SECTION, AND A BIBLIOGRAPHY IS PROVIDED. APPENDIXES CONTAIN INFORMATION ON BAIL PROCEDURES, DETAINERS, FEDERAL COURT LOCATIONS, LOCATIONS OF SELECTED ORGANIZATIONS, PARDONS RULES AND APPLICATION FOR CLEMENCY, AND CAPITAL CASES. A GLOSSARY OF TERMS IS ALSO PROVIDED. (WJR)