Wednesday, June 12, 2019

The Federal Court House on Habeas Corpus Essay Example | Topics and Well Written Essays - 500 words

The Federal Court House on Habeas Corpus - Essay ExampleThe main conflict arises in the casualty that this design will be abused by others, thus in like manner staining the justice system. The inability to execute judgment to someone who is guilty is also clearly seen by the law as one form of injustice.Habeas corpus petition are filed by convicted prisoners as a challenge to the validity of their word of faith citing particular reason that police, prosecutor, defense counsel or even the trial court have deprived the convicts of their Federal Constitutional Rights such as the salutary to refuse to answer questions when placed in police custody, the right to a speedy and fair trial, and the right to effective assistance of counsel (Roger A. Hanson,Henry W.K. Daley, September 1995).An article in the Duke Journal sees one unintended result happening with the presence of habeas corpus. Modern habeas law is predicated on the assumption that a recite prisoner quest habeas relief is attacking the legality of his confinement by alleging a constitutional error in the decision that led to his incarceration. Federal habeas, in other words, provides verificatory review of earlier rulings by state courts. But almost 20 percent of federal habeas petitions filed by state prisoners do not challenge state court judgments. They attack instead the constitutionality of administrative actions by state prison officials or parole boards, taken long after the petitioners conviction and sentencing (Nancy J. King, 2009).

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