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Habeas for the Twenty-First CenturyUses, Abuses, and the Future of the Great Writ$
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Nancy J. King and Joseph L. Hoffmann

Print publication date: 2011

Print ISBN-13: 9780226436975

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226436968.001.0001

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: The Future of Habeas Review of State Criminal Cases

: The Future of Habeas Review of State Criminal Cases

Chapter:
(p.87) Chapter Five: The Future of Habeas Review of State Criminal Cases
Source:
Habeas for the Twenty-First Century
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226436968.003.0005

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

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