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On the usefulness and limits of federal habeas petitions

Before the raft of DNA exonerations in recent years, I didn't know much about habeas corpus petitions, certainly outside of capital punishment cases (where federal habeas reviews are mandatory). Since then, I've come to realize that habeas petitions, while relatively rare and even more rarely successful, remain one of the most important legal remedies available for flaws in or mistakes by the justice system.Recently I ran across a couple of interesting items related to federal habeas corpus rights that may interest Grits readers. First, here are two academic articles I read this week debating the role of federal habeas petitions - this one (pdf) published last year arguing to abolish federal habeas review in most state cases, and this response (pdf) published more recently arguing that federal habeas review still has a role...continue to full post

Full post as published by Grits for Breakfast on October 21, 2010 (boomark / email).