Chapter

: The Future of Habeas Review of State Criminal Cases

in Habeas for the Twenty-First Century

Published by University of Chicago Press

Published in print April 2011 | ISBN: 9780226436975
Published online March 2013 | e-ISBN: 9780226436968 | DOI: http://dx.doi.org/10.7208/chicago/9780226436968.003.0005
: The Future of Habeas Review of State Criminal Cases

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This chapter addresses the proposals for the future of habeas review of state criminal cases. It reviews the vital changes that have occurred in state criminal justice over the past half-century and argues that the enormous and wasteful consumption of resources now devoted to habeas review of noncapital cases can no longer be justified. The Supreme Court has made it clear that new constitutional mandates will be used retroactively to disrupt settled criminal judgments only if the new rule is of truly exceptional importance to fundamental fairness. The proposal covered the first possible role for innocence and is designed to accommodate future Supreme Court decisions. The Suspension Clause can allow the Court to retain needed control over the scope of habeas review. Moreover, the proposal was consistent with both good policy and the long history of habeas corpus. It can also attain both prudence and flexibility at the same time.

Keywords: habeas corpus; habeas review; state criminal cases; state criminal justice; Supreme Court; criminal judgments; innocence; Suspension Clause

Chapter.  8189 words. 

Subjects: Constitutional and Administrative Law

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