Attacks on Habeas Corpus

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Attacks on Habeas Corpus

In an age where 123 people in 25 states have been released from death row with evidence of their innocence, the public has become increasingly aware that the system makes mistakes. When the death penalty is on the table, we must be absolutely certain those receiving the ultimate punishment are truly guilty and deserving of capital punishment, and we must also be certain we are using all the tools available to ensure that our criminal justice system catches its mistakes. One tool to guard against wrongful convictions or unfair sentences in this country is the writ of habeas corpus, also known as the "Great Writ."

In 2005, Sen. Jon Kyl (R-AZ) and Rep. Dan Lungren (R-CA) introduced the Streamlined Procedures Act in the United States Congress. As we told you in February, the Streamlined Procedures Act would effectively repeal habeas corpus by eliminating federal review of criminal cases, leading to more errors and unfairness in the criminal justice system. Contrary to its title, the bill would do little to expedite the appeals process. The legislation, which is opposed by a broad array of organizations and individuals, would also undercut the few safeguards that currently exist and likely increase the risk that innocent people will remain in prison, or even be executed.

Although powerful opposition to the Streamlined Procedures Act exists, sponsors of the bill continue to push for passage of legislation that will limit review of death penalty cases by attaching habeas-stripping provisions to other bills where they will be less noticed and harder to fight. For example, a provision that affects habeas corpus was included, behind closed doors, in the reauthorization of the USA Patriot Act, which passed Congress this past March and significantly changed the way states opt-in under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Congress' last attempt to reform habeas corpus. Litigation to determine the scope and breadth of this amendment to the Patriot Act will tie up cases in federal courts for some time and undo much of the work of the federal courts, including the Supreme Court, in deciphering the AEDPA over the past ten years.

Habeas reform legislation flies in the face of the commitment to improve the administration of justice through the Innocence Protection Act (IPA), which passed Congress by an overwhelming, bipartisan vote and was signed into law in 2004. By acknowledging the need for additional safeguards and oversight to prevent errors in our criminal justice system, Congress made a step in the right direction with the IPA. But by limiting federal review, the Streamlined Procedures Act or any other habeas-stripping legislation will essentially do the opposite, potentially leading to more errors and more people being wrongfully convicted and sentenced.

The Justice Project and our allies are working to protect habeas rights wherever we can. We will update you as we become aware of important developments with these habeas-related provisions in the coming weeks, and, if you are subscribed to receive Action Alerts, we will let you know about opportunities to get involved in this campaign. (If you have not already done so, please take a moment to sign up for our Action Alerts by updating your subscription settings.)

Visit our website on the bill where you can find the latest information about the legislation.