Federal Habeas Corpus Review of State Judgments

This Report carries out a review of the historical development of the federal habeas corpus jurisdiction; examines its contemporary character and operation; and discusses relevant policy considerations. The Report concludes that federal habeas corpus as a post-conviction remedy for state prisoners should be abolished or limited as far as possible. The limited reform proposals that were passed by the Senate in 1984 and that are currently before Congress as Title II of the proposed Criminal Justice Reform Act provide the best immediate prospect for improvement.

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Publication Details

Journal
University of Michigan Journal of Law Reform
Published
2025-01-01
DOI
https://doi.org/10.36646/mjlr.22.3.4.federal
Primary Topic
Legal and Constitutional Studies
Type
article
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article

Federal Habeas Corpus Review of State Judgments

Department of Justice Office of Legal Policy
University of Michigan Journal of Law Reform
Legal and Constitutional Studies
article

Federal Habeas Corpus Review of State Judgments

Department of Justice Office of Legal Policy
article en

Abstract

This Report carries out a review of the historical development of the federal habeas corpus jurisdiction; examines its contemporary character and operation; and discusses relevant policy considerations. The Report concludes that federal habeas corpus as a post-conviction remedy for state prisoners should be abolished or limited as far as possible. The limited reform proposals that were passed by the Senate in 1984 and that are currently before Congress as Title II of the proposed Criminal Justice Reform Act provide the best immediate prospect for improvement.

University of Michigan Journal of Law Reform(22.3.4)
University of Michigan (US)
Openalex Percentile: Top 60%
Legal and Constitutional Studies
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