Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ
by Nancy J. King and Joseph L. Hoffmann
University of Chicago Press, 2011 eISBN: 978-0-226-43696-8 | Cloth: 978-0-226-43697-5 Library of Congress Classification KF9011.K56 2011 Dewey Decimal Classification 345.73056
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | REVIEWS | TOC | REQUEST ACCESSIBLE FILE
ABOUT THIS BOOK
For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our time—among them terrorism, immigration, crime, and the death penalty. Yet, in recent decades, habeas has been seriously abused. In this book, Nancy J. King and Joseph L. Hoffmann argue that habeas should be exercised with greater prudence.
Through historical, empirical, and legal analysis, as well as illustrative case studies, the authors examine the current use of the writ in the United States and offer sound reform proposals to help ensure its ongoing vitality in today’s justice system. Comprehensive and thoroughly grounded in a modern understanding of habeas corpus, this informative book will be an insightful read for legal scholars and anyone interested in the importance of habeas corpus for American government.
AUTHOR BIOGRAPHY
Nancy J. King is the Lee S. and Charles A. Speir Professor of Law at Vanderbilt University Law School. Joseph L. Hoffmann is the Harry Pratter Professor of Law at the Indiana University Maurer School of Law.
REVIEWS
“A well-written, accessible, and fairly nontechnical overview of the function of the writ of habeas corpus, the ways in which it is and is not working, and an effectively presented case for reform. Few books cover as much ground in as concise a manner.”
— Todd Pettys, University of Iowa College of Law
“A thorough and enlightening study of the Great Writ. No discussion of habeas corpus in the postconviction context can afford to ignore this important book.”
— Daniel J. Meltzer, Story Professor of Law, Harvard Law School
“King and Hoffmann have written a timely and fascinating primer on the recent history of the writ’s evolution, and they point the way toward future changes by underscoring two of the central problems that will continue to confront us in the decades to come: wrongful convictions and inadequate defense lawyering at trials. Their rich description of the role habeas corpus plays in our system provides an engaging introduction for all interested in criminal justice.”
— Brandon L. Garrett, University of Virginia Law School
“Habeas for the Twenty-First Century provides a concise history of the writ and a well-written, accessible argument for its position. Those studying criminal justice or criminal law will find this a quick read about an important issue in criminal jurisprudence.”
— Choice
TABLE OF CONTENTS
Introduction
Chapter 1. An Introduction to the Writ of Habeas Corpus
Chapter 2. Habeas and Detention without Conviction
Chapter 3. The History of Habeas Review of State Criminal Cases
Chapter 4. The Costly Charade: Habeas and State Prisoners Today
Chapter 5. The Future of Habeas Review of State Criminal Cases
Chapter 6. Collateral Review for Prisoners Convicted of Federal Crimes
Chapter 7. Habeas and the Death Penalty
Chapter 8. The Future of Capital Habeas
Chapter 9. Sentence-Administration Claims: Square Peg in a Round Hole
Chapter 10. Habeas for the Twenty-First Century
Notes
Index
REQUEST ACCESSIBLE FILE
If you are a student who cannot use this book in printed form, BiblioVault may be able to supply you
with an electronic file for alternative access.
Please have the accessibility coordinator at your school fill out this form.
Habeas for the Twenty-First Century: Uses, Abuses, and the Future of the Great Writ
by Nancy J. King and Joseph L. Hoffmann
University of Chicago Press, 2011 eISBN: 978-0-226-43696-8 Cloth: 978-0-226-43697-5
For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our time—among them terrorism, immigration, crime, and the death penalty. Yet, in recent decades, habeas has been seriously abused. In this book, Nancy J. King and Joseph L. Hoffmann argue that habeas should be exercised with greater prudence.
Through historical, empirical, and legal analysis, as well as illustrative case studies, the authors examine the current use of the writ in the United States and offer sound reform proposals to help ensure its ongoing vitality in today’s justice system. Comprehensive and thoroughly grounded in a modern understanding of habeas corpus, this informative book will be an insightful read for legal scholars and anyone interested in the importance of habeas corpus for American government.
AUTHOR BIOGRAPHY
Nancy J. King is the Lee S. and Charles A. Speir Professor of Law at Vanderbilt University Law School. Joseph L. Hoffmann is the Harry Pratter Professor of Law at the Indiana University Maurer School of Law.
REVIEWS
“A well-written, accessible, and fairly nontechnical overview of the function of the writ of habeas corpus, the ways in which it is and is not working, and an effectively presented case for reform. Few books cover as much ground in as concise a manner.”
— Todd Pettys, University of Iowa College of Law
“A thorough and enlightening study of the Great Writ. No discussion of habeas corpus in the postconviction context can afford to ignore this important book.”
— Daniel J. Meltzer, Story Professor of Law, Harvard Law School
“King and Hoffmann have written a timely and fascinating primer on the recent history of the writ’s evolution, and they point the way toward future changes by underscoring two of the central problems that will continue to confront us in the decades to come: wrongful convictions and inadequate defense lawyering at trials. Their rich description of the role habeas corpus plays in our system provides an engaging introduction for all interested in criminal justice.”
— Brandon L. Garrett, University of Virginia Law School
“Habeas for the Twenty-First Century provides a concise history of the writ and a well-written, accessible argument for its position. Those studying criminal justice or criminal law will find this a quick read about an important issue in criminal jurisprudence.”
— Choice
TABLE OF CONTENTS
Introduction
Chapter 1. An Introduction to the Writ of Habeas Corpus
Chapter 2. Habeas and Detention without Conviction
Chapter 3. The History of Habeas Review of State Criminal Cases
Chapter 4. The Costly Charade: Habeas and State Prisoners Today
Chapter 5. The Future of Habeas Review of State Criminal Cases
Chapter 6. Collateral Review for Prisoners Convicted of Federal Crimes
Chapter 7. Habeas and the Death Penalty
Chapter 8. The Future of Capital Habeas
Chapter 9. Sentence-Administration Claims: Square Peg in a Round Hole
Chapter 10. Habeas for the Twenty-First Century
Notes
Index
REQUEST ACCESSIBLE FILE
If you are a student who cannot use this book in printed form, BiblioVault may be able to supply you
with an electronic file for alternative access.
Please have the accessibility coordinator at your school fill out this form.
It can take 2-3 weeks for requests to be filled.
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | REVIEWS | TOC | REQUEST ACCESSIBLE FILE