Why Habeas Review of State Court Convictions Is More Important than Ever

This article discusses the continued importance of rigorous habeas corpus review of state court convictions, particularly those obtained in states with an elected judiciary. Given the political pressures faced by elected judges and the tremendous amounts of money now being spent by candidates and th...

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Bibliographic Details
Published in:Federal sentencing reporter 2012-04, Vol.24 (4), p.292-297
Main Authors: Adelman, Lynn, Deitrich, Jon
Format: Article
Language:English
Subjects:
Antiterrorism and Effective Death Penalty Act
Capital punishment
Criminal justice
Criminal sentencing
Criminals
Habeas corpus
Judges
Judicial elections
Political campaigns
State court decisions
State courts
State elections
Voting
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Summary:This article discusses the continued importance of rigorous habeas corpus review of state court convictions, particularly those obtained in states with an elected judiciary. Given the political pressures faced by elected judges and the tremendous amounts of money now being spent by candidates and third party groups in state judicial elections, it is highly doubtful that state courts can sufficiently protect and enforce the constitutional rights of unpopular litigants such as the criminally accused. An emerging body of research demonstrates that political pressure does indeed affect the manner in which judges rule in criminal cases. Accordingly, habeas corpus review by life-tenured federal judges should, if anything, be expanded, rather than reduced or eliminated, as some have argued.
ISSN:1053-9867
1533-8363
DOI:10.1525/fsr.2012.24.4.292