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Ten: Habeas for the Twenty-First Century
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Published:April 2011
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Abstract
This chapter discusses the habeas policy for the twenty-first century and beyond. Habeas must always remain a flexible judicial remedy, adaptable to enforce the rule of law and protect individual liberty whenever either detention practices or detention law shifts significantly. Moreover, its scope must never become a one-way ratchet that expands but never contracts. The Supreme Court's habeas decisions have provided guideposts for fair detention and judicial review policies. The latest empirical research showed that the lower federal courts currently serve exactly the core functions in their habeas review of capital cases. Popular perceptions of habeas corpus have for too long been distorted by the immense volume of meritless petitions filed by state and federal prisoners serving noncapital sentences. Both historically and functionally, the bigger picture of habeas goes well beyond these cases.
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