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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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: Sentence-Administration Claims: Square Peg in a Round Hole

: Sentence-Administration Claims: Square Peg in a Round Hole

(p.153) Chapter Nine: Sentence-Administration Claims: Square Peg in a Round Hole
Habeas for the Twenty-First Century
University of Chicago Press

This chapter deals with the review of administrative decisions made by prison and parole authorities that affect the timing of release from custody. Thousands of state prison inmates who previously could protest only those prison conditions that violated equal protection, the First Amendment, or the Eighth Amendment's prohibition against cruel and unusual punishments suddenly acquired a new federal cause of action. Furthermore, the importance of habeas courts as overseers of state corrections and parole decisions is elaborated. The federal courts are today routinely asked to oversee prison disciplinary and parole decisions for the nation's growing prison population. The more radical approach of rethinking state mandatory prison release systems could entirely eradicate thousands of habeas cases in which prisoners claim they should have been released sooner but were not because of some constitutional flaw in a decision made by a prison or parole official.

Keywords:   administrative decisions, state prison inmates, parole authorities, habeas courts, parole decisions, habeas cases, state corrections

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