Federal Habeas Corpus

Federal Habeas Corpus
Author: Charles Doyle
Publisher: Nova Publishers
Total Pages: 82
Release: 2007
Genre: Law
ISBN: 9781600213021

Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.

Les Discussions Et Ententes Sur Le Plaidoyer

Les Discussions Et Ententes Sur Le Plaidoyer
Author: Law Reform Commission of Canada
Publisher: Ottawa, Canada : Law Reform Commission of Canada
Total Pages: 240
Release: 1989
Genre: Law
ISBN:

This document presents the Commission's view on the need for reform together with their recommendations and commentary.

Punishing Poverty

Punishing Poverty
Author: Christine S. Scott-Hayward
Publisher: Univ of California Press
Total Pages: 309
Release: 2019-09-24
Genre: Social Science
ISBN: 0520970497

Most people in jail have not been convicted of a crime. Instead, they have been accused of a crime and cannot afford to post the bail amount to guarantee their freedom until trial. Punishing Poverty examines how the current system of pretrial release detains hundreds of thousands of defendants awaiting trial. Tracing the historical antecedents of the US bail system, with particular attention to the failures of bail reform efforts in the mid to late twentieth century, the authors describe the painful social and economic impact of contemporary bail decisions. The first book-length treatment to analyze how bail reproduces racial and economic inequality throughout the criminal justice system, Punishing Poverty explores reform efforts, as jurisdictions begin to move away from money bail systems, and the attempts of the bail bond industry to push back against such reforms. This accessibly written book gives a succinct overview of the role of pretrial detention in fueling mass incarceration and is essential reading for researchers and reformers alike.

The UN Working Group on Arbitrary Detention

The UN Working Group on Arbitrary Detention
Author: Jared Genser
Publisher: Cambridge University Press
Total Pages: 655
Release: 2019-09-26
Genre: Law
ISBN: 1107034450

This book is a practical guide to freeing political prisoners and provides a comprehensive review of this UN body's 1,200 jurisprudence cases.

Criminalising Coercive Control

Criminalising Coercive Control
Author: Marilyn McMahon
Publisher: Springer Nature
Total Pages: 265
Release: 2020-02-28
Genre: Social Science
ISBN: 9811506531

This book considers whether coercive control (particularly non-physical forms of family violence) should be prohibited by the criminal law. Based on the premise that traditional understandings of family violence are severely limited, it considers whether the core of family violence is power-based controlling or coercive behavior: attempts by men to psychologically dominate their partners. Such behavior can cause significant psychological, physical and economic harms to victims and is increasingly recognized as a form of human rights abuse. The book considers the new offences that have been introduced in England and Wales (controlling or coercive behavior), Ireland (controlling behavior) and Scotland (domestic abuse). It invites consideration of three key questions: Do conventional criminal laws adequately regulate non-physical abuse? Is the criminal law an appropriate mechanism for responding to the coercive control of family members? And if a new and distinctive offence is warranted, what is the optimal form of that offence? This ground-breaking work is essential reading for researchers and practitioners interested in coercive control and the proper role of the criminal law as a mechanism for regulating family violence.

Probation Violations in North Carolina

Probation Violations in North Carolina
Author: James M. Markham
Publisher: Unc School of Government
Total Pages: 0
Release: 2018
Genre: Probation
ISBN: 9781560119418

There are over 80,000 people on probation in North Carolina. This book sets out the law and procedure of how probation officers and the court system respond to violations of probation with a focus on the courts' limited authority to revoke probation, after the Justice Reinvestment Act of 2011.

Invisible Punishment

Invisible Punishment
Author: Meda Chesney-Lind
Publisher: The New Press
Total Pages: 370
Release: 2011-05-10
Genre: Law
ISBN: 1595587365

In a series of newly commissioned essays from the leading scholars and advocates in criminal justice, Invisible Punishment explores, for the first time, the far-reaching consequences of our current criminal justice policies. Adopted as part of “get tough on crime” attitudes that prevailed in the 1980s and '90s, a range of strategies, from “three strikes” and “a war on drugs,” to mandatory sentencing and prison privatization, have resulted in the mass incarceration of American citizens, and have had enormous effects not just on wrong-doers, but on their families and the communities they come from. This book looks at the consequences of these policies twenty years later.