Create a new account

It's simple, and free.

Prisoners at the Federal and State Levels

The Use of Federal Courts as Courts of Last Resort

As noted by Gerald Kogan (2009), retired Chief Justice of

the Florida Supreme Court, federal habeas corpus is a vital element in the American criminal justice system with deep roots in the constitutional tradition. The authority of federal courts to adjudicate constitutional claims advanced by state prisoners is a valuable means by which the Bill of Rights is enforced in criminal cases. The question of whether or not federal courthouse doors should be reopened to state prisoners, particularly those facing the death penalty, is of significance. Currently, prisoners in this situation have only a single federal review available to them unless their individual case presents an extraordinary issue.

Kogan (2009) takes the position that the Anti-Terrorism and Effective Death Penalty Act of 1996 which literally closed federal courthouse doors in most instances to habeas corpus petitions, was meant to streamline and expedite this process. Unfortunately as Kogan (2009) believes and this essay will demonstrate, this Act introduced ill conceived provisions that have frustrated courts and have hampered the execution of justice in this country.

Redding (2009) says that when a criminal defendant is convicted and sentenced to death, there is an automatic stay of execution within the appeals time period and there are any number of legal maneuvers and motions which can extend the stay of execution. State supreme courts inmost instances hear an application for a writ of habeas corpus in death penalty cases which challenges defects in the trial or sentence pertaining to the defendant's constitutional rights such as ineffective assistance of counsel, illegal detention, deprivation of liberty, or actual innocence.

In the years leading up to the passage of the aforementioned Act, federal courts heard many habeas petitions. The Act established a one year deadline for filling...

Page 1 of 4 Next >

More on Prisoners at the Federal and State Levels ...

Loading...
APA     MLA     Chicago
Prisoners at the Federal and State Levels . (1969, December 31). In LotsofEssays.com. Retrieved 21:36, March 28, 2024, from https://www.lotsofessays.com/viewpaper/2001172.html