Habeas Corpus Offers Ray of Hope

If you are innocent of the crime youve been convicted of and have been sentenced,
turn to habeas corpus.
Criminal attorneys would know quite well that conviction is not the end of the world
for defendants. There are provisions in American law for convicted individuals to
challenge their conviction. Thats where habeas corpus, also called The Great rit
and which has its origins in Great !ritain with the signing of the "agna Carta in
#$#%, comes to your assistance.
What is Habeas Corpus?
&abeas corpus is a writ that asks the defendant, who has become the convict after
the sentencing, to be presented to a court or be released unless compelling 'lawful(
reasons are produced that )ustify the detention of an individual for eventual
punishment. *t is a writ that brings someone who has been convicted criminally in a
state court to the federal court with the purpose of reviewing the detention,
imprisonment or arrest of the individual. &owever, when a federal court reviews the
petition of habeas corpus, it is more like the collateral relief of the decision taken by
the state court and not a direct review.
&abeas corpus is basically a remedy for convicted prisoners to challenge how the
federal laws were applied for their detention. *t also challenges the )udicial
procedures employed for the trial. &abeas corpus can also be used in criminal cases
for determining preliminary issues in conditions such as denial of parole or bail,
claiming double )eopardy, the legal basis for e+traditing overseas, adequate grounds
for detention, removal from one federal district court to another, and failure in
providing quick hearing or trial.
Conditions for Considering a Habeas Petition
The court will accept a petition for habeas review only if,
The petitioner is in custody at the time of the filing
All other remedies e+hausted have been e+hausted
*ssues have not be resolved on appeal
A habeas corpus writ can be granted by a federal court only to a petitioner within the
courts )urisdiction. -ederal courts do not have to hear the habeas petition if a
petition has been presented earlier and has raised the same points without new
discoveries. A federal )udge also has the right to dismiss a habeas corpus writ
petition if no possible means for relief is seen from the surface of the petition.
Restrictions on Habeas Corpus
*n recent years, the scope of the habeas corpus has been narrowed through
successive steps since the days of the -irst .udiciary Act way back in #/01. *n #112,
the Antiterrorism and 3ffective 4eath 5enalty Act 'A345A( passed by Congress
brought about three ma)or restrictions,
6ne7year limitations on petitions for habeas corpus
*nability to file successive petitions e+cept with 89 Court of Appeals approval,
and
Availability of habeas relief only in the event of the state courts sentencing
being against, or involving :unreasonable application; of, federal law as is
determined by the 89 9upreme Court
DTA and MCA Acts
Then came two successive acts in $<<% and $<<2 = the 4TA '4etainee Treatment
Act( and "CA '"ilitary Commissions Act( that further limited the scope of relief
under habeas corpus. *t stated that prisoners in Guantanamo !ay could not use
habeas corpus to access federal courts, but must instead take the military
commissions route to request appeal in the 4C Circuit Court.
*n $<<0, however, the 9upreme Court in a ruling again widened the reach of the
habeas provision enabling foreign detainees held outside the 89 and classified
enemy combatants to possess the right to file habeas petition. Chapter #%>, 8nited
9tates Code, establishes new statutory arrangements for cases in which state
prisoners under sentence of death file federal habeas corpus petitions challenging
their convictions or sentences.
&abeas corpus attorneys help those who are wrongly incarcerated to get )ustice.
&owever, with present7day issues such as terrorism, immigration, crime, and the
death penalty, e+perts point out the Great rit must be e+ercised with greater
prudence while safeguarding its fle+ibility to meet the challenges of the future.