Jump to ContentJump to Main Navigation
Habeas for the Twenty-First CenturyUses, Abuses, and the Future of the Great Writ$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use (for details see www.chicago.universitypressscholarship.com/page/privacy-policy).date: 19 October 2018

: The Future of Habeas Review of State Criminal Cases

: The Future of Habeas Review of State Criminal Cases

(p.87) Chapter Five: The Future of Habeas Review of State Criminal Cases
Habeas for the Twenty-First Century
University of Chicago Press

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

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.