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From NYT guest editorial: We need a new approach - one that ensures a more prudent use of habeas in state criminal cases. Congress should limit habeas review of state criminal cases to two categories in which it actually can do some serious good: capital cases and cases in which the prisoner can produce persuasive new evidence of his innocence. Limiting habeas to these cases will help protect the long-term future of the writ in all of its varied forms. [Note: Only a tiny fraction of these habeas petitioners - estimated at less than four-tenths of one percent - obtain any kind of relief, which is usually a new trial, sentencing or appeal, after which they may be sent back to prison.] Details. | ||
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