Procedural Default in Death Penalty Cases: Fundamental Miscarriage of Justice and Actual Innocence (From Criminal Law Review - 1989, P 503-547, 1989, James G. Carr, ed. -- See NCJ-121027)

• NCJ Number: 121040
• Author(s): B S Ledewitz
• Date Published: 1989
• Length: 45 pages
• Sale Source: Clark Boardman Company, Ltd
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: Reprinted from Criminal Law Bulletin, V 23 (September 10, 1988), P 379-547

Annotation

Death penalty procedural default in Federal habeas corpus proceedings is discussed in detail, with emphasis on how the Supreme Court has dealt with the issue over the past ten years.

Abstract

Procedural default occurs when a State court refuses to hear a Federal law claim because the claim was not brought properly. Only an extraordinary justification will permit consideration of the defaulted claim in Federal habeas corpus proceedings. Two kinds of justification are a showing of cause and prejudice or a showing that the defendant has suffered a fundamental miscarriage of justice. The article focuses on the Supreme Court's treatment of cases in which a fundamental miscarriage of justice has been asserted, with emphasis on the Court's concern for the issue of actual innocence in habeas corpus cases. The article concludes that the Supreme Court must eventually define miscarriage of justice in death penalty sentencing. 205 footnotes.