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Procedural Default
Procedural default is a concept in American federal law that requires a state prisoner seeking a writ of ''habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...'' in federal court to have "present dhis federal law argument to the state courts in compliance with state procedural rules. Failure to do so will bar any attempt to present that argument to the federal courts on collateral review. A petitioner may evade this bar only by showing 'cause' and 'prejudice' for the default – that is, by stating a good reason for not presenting the federal claim to the state courts, and by showing that the federal error worked to the petitioner's 'actual and substantial disadvantage.'"Ernest Young, ''Institutional Settlement in a Globalizing Judicial System'', 54 Duke L. J. 1143, 1166 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Collateral Review
In the United States, capital punishment is a legal penalty throughout the country at the federal level, in 27 states, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in 23 states and in the federal capital, Washington, D.C. Capital punishment is, in practice, only applied for aggravated murder. Although it is a legal penalty in 27 states, only 20 states have the ability to execute death sentences, with the other seven, as well as the federal government, being subject to different types of moratoriums. The existence of capital punishment in the United States can be traced to early colonial Virginia. However, the unique nature of capital punishment being removed and reinstated into law throughout American history at different points in time is related to and aligns with the United States' racial history and its enslavement then prejudice towards Black Americans''.'' Along with Japan, South Korea, Taiwan, and Si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
