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| NCJ Number:
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NCJ 063085
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| Title:
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EMPIRICAL STUDY OF FEDERAL HABEAS CORPUS REVIEW OF STATE COURT JUDGMENTS
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| Author(s):
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P H ROBINSON
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| Corporate Author:
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US Dept of Justice
Office for Improvements in the Admin of Justice
United States
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| Sponsoring Agency:
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|
| Sale:
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National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States |
| Publication Date:
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1979 |
| Pages:
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92 |
| Type:
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Studies/research reports |
| Origin:
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United States |
| Language:
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English |
| Contract No.:
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JADAG-79-C-0002 |
| Publication No.:
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FJRP-79/0005 |
| Annotation:
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A BRIEF DESCRIPTION AND PRELIMINARY ANALYSIS ARE PRESENTED OF THE DATA GENERATED BY A STUDY OF HABEAS CORPUS PETITIONS FILED IN SIX FEDERAL DISTRICT COURTS AND ONE COURT OF APPEALS. |
| Abstract:
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THE STUDY WAS STIMULATED BY THE LARGE VOLUME OF HABEAS CORPUS PETITIONS FILED IN FEDERAL COURTS AN INCREASE DUE LARGELY TO THE U.S. SUPREME COURT'S DECISION IN BROWN V. ALLEN, WHERE THE COURT HELD THAT FEDERAL DISTRICT COURTS ARE EMPOWERED TO REDETERMINE THE MERITS OF CONSTITUTIONAL ISSUES ARISING IN THE COURSE OF STATE CRIMINAL PROSECUTIONS). FINDINGS SHOW THAT THE TYPICAL PETITIONER WAS CONVICTED OF A SERIOUS, VIOLENT OFFENSE, PLED NOT GUILTY, IS ATTACKING HIS CONVICTION, IS FILING ONE AND ONE-HALF YEARS AFTER CONVICTION, IS OFFERING MULTIPLE GROUNDS FOR RELIEF, AND IS FILING PRO SE AND IN FORMA PAUPERIS. OF THE PETITIONS, 55 PERCENT WERE NOT CONSIDERED BECAUSE OF PROCEDURAL DEFECTS. ALTHOUGH DATA INDICATE THAT THE PROCESSING OF MOST PETITIONS OCCURS IN LESS TIME THAN A TRADITIONAL LAWSUIT, THE LARGE VOLUME OF COMPLAINTS HAS AN IMPACT ON THE COURTS. FACTORS AFFECTING THE SUCCESS OF PETITIONS (ONLY 3.2 PERCENT RESULTED IN ANY RELIEF) WERE (1) REPRESENTATION BY COUNSEL, WITH COURT-APPOINTED COUNSEL BEING MOST EFFECTIVE; (2) THE DECISION PATTERNS OF THE COURT HEARING THE PETITION; (3) MAGISTRATE INVOLVEMENT IN THE SCREENING OF THE PETITION, WHICH HAD A NEGATIVE EFFECT UPON THE PETITIONER'S CHANCE OF SUCCESS; AND (4) THE DISTRICT IN WHICH THE PETITION WAS FILED. THE APPENDIXES PROVIDE DESCRIPTIONS OF THE DATA COLLECTION PROCEDURES AND THE ADDITIONAL DATA AVAILABLE. TABULAR DATA ARE PROVIDED THROUGHOUT THE REPORT. (RCB) |
| Index Term(s):
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Court statistics ; Habeas corpus ; Studies/ ; Failure factors ; Success factors |
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To cite this abstract, use the following link:
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=63085
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