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Habeas Corpus

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Habeas Corpus is the process by which state prisoners—particularly those on death row—appeal to federal courts to have their convictions overturned. Its proper role in our criminal justice system h...
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  • 01 May 2003
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Habeas Corpus is the process by which state prisoners—particularly those on death row—appeal to federal courts to have their convictions overturned. Its proper role in our criminal justice system has always been hotly contested, especially in the wake of 1996 legislation curtailing the ability of prisoners to appeal their sentences.
In this timely volume, Eric M. Freedman reexamines four of the Supreme Court’s most important habeas corpus rulings: one by Chief Justice John Marshall in 1807 concerning Aaron Burr’s conspiracy, two arising from the traumatic national events of the 1915 Leo Frank case and the 1923 cases growing out of murderous race riots in Elaine County, Arkansas, and one case from 1953 that dramatized some of the ugliest features of the Southern justice of the period. In each instance, Freeman uncovers new original sources and tells the stories of the cases through such documents as the Justices’ draft opinions and the memos of law clerk William H. Rehnquist. In bracing and accessible language, Freedman then presents an interpretation that rewrites the conventional view.
Building on these results, he challenges legalistic limits on habeas corpus and demonstrates how a vigorous writ is central to implementing the fundamental conceptions of individual liberty and constrained government power that underlie the Constitution.

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Price: $39.00
Pages: 243
Publisher: NYU Press
Imprint: NYU Press
Publication Date: 01 May 2003
Trim Size: 9.00 X 6.00 in
ISBN: 9780814727188
Format: Paperback
BISACs: LAW / Jurisprudence
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"An extremely important contribution to our understanding of the importance of habeas corpus in American law and in American history. Freedman explains and places in their proper context a series of historically important cases, dating from the earliest history of the country to the present and demonstrates the way racial and ethnic prejudice have had, and continue to have, a corrosive effect on our criminal justice process. In an age when Congress has sought to constrict the use and value of habeas corpus, Freedman reminds us why it is vital to a free society, and a fair society, to provide more, not less, access to the & Great Writ."