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Federal Habeas Reform?

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April 17, 2011, 17:59
JB
Federal Habeas Reform?
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.