NCJ Number
45195
Journal
Iowa Law Review Volume: 63 Issue: 2 Dated: (DECEMBER 1977) Pages: 392-432
Date Published
1977
Length
41 pages
Annotation
THE HISTORICAL DEVELOPMENT OF THE WRIT OF HABEAS CORPUS IS TRACED, AND A LIMITED REPEAL OF THE FEDERAL HABEAS CORPUS STATUTE IS PROPOSED.
Abstract
OVER 15,000 APPLICATIONS FOR HABEAS RELIEF WERE FILED BY STATE PRISONERS IN 1976, AN INCREASE OF APPROXIMATELY 1,624 PERCENT OVER THE NUMBER FILED IN 1960. THE GROWTH IN THE NUMBER OF HABEAS PETITIONS FILED BY STATE PRISONERS HAS LED TO DEBATE WITH REGARD TO POSSIBLE REFORMS IN THE FEDERAL HABEAS CORPUS STATUTE (28 U.S.C.SECTION 2254). SOME PROPOSALS ARE CONCERNED ONLY WITH STREAMLINING THE ADMINISTRATIVE PROCEDURES OF FILING AND DISPOSITION. HOWEVER, PROPOSALS OF A MORE FUNDAMENTAL NATURE HAVE POSED SERIOUS CONSTITUTIONAL QUESTIONS. SEVERAL SUPREME COURT DECISIONS AND THE FEDERAL HABEAS CORPUS RULES INTRODUCED IN 1976 HAVE PLACED TRADITIONAL VIEWS IN DOUBT. IN LIGHT OF THIS SITUATION, CONGRESSIONAL POWER TO CURTAIL FEDERAL JURISDICTION UNDER SECTION 2254 IS REAPPRAISED IN A FOUR-PART ANALYSIS. THE HISTORICAL DEVELOPMENT OF THE WRIT, INCLUDING ITS EXPANSION, LEGISLATIVE PROPOSALS TO CURTAIL GROWTH, AND CHANGES IN ITS TRADITIONAL SCOPE, IS TRACED. POLICY RATIONALE FOR CURTAILNG FEDERAL HABEAS JURISDICTION IS CONSIDERED. A PROPOSAL FOR REFORMING THE FEDERAL STATUTE IS SET FORTH, AND THE CONSTITUTIONALITY OF THE PROPOSAL IS CONSIDERED. IT IS CONCLUDED THAT THE ADOPTION OF POSTCONVICTION REMEDIES IN A NUMBER OF STATES HAS, TO A GREAT EXTENT, RENDERED THE FEDERAL HABEAS CORPUS STATUTE AN ANACHRONISM. THE PROPOSED AMENDMENT WOULD REQUIRE STATE PRISONERS APPLYING FOR FEDERAL HABEAS CORPUS RELIEF TO SHOW THAT THEY HAD APPLIED FOR RELIEF IN STATE COURTS AND THAT STATE PROCEDURES HAD BEEN INADEQUATE OR INEFFECTIVE IN TESTING THE LEGALITY OF THE DETENTION IN QUESTION. THE AMENDMENT WOULD ALSO PROVIDE THAT A STATE REMEDY CONFORMING WITH THE UNIFORM POST-CONVICTION PROCEDURE ACT AND CONTAINING A LACHES PROVISION SIMILAR TO THAT OF THE FEDERAL HABEAS CORPUS RULES WOULD BE PRESUMED TO BE AN ADEQUATE AND EFFECTIVE REMEDY, UNLESS SHOWN OTHERWISE. (AUTHOR ABSTRACT MODIFIED--LKM)