The Body and the State: Habeas Corpus and American JurisprudenceState University of New York Press, 1 февр. 2012 г. - Всего страниц: 254 The writ of habeas corpus is the principal means by which state prisoners, many on death row, attack the constitutionality of their conviction in federal courts. In The Body and the State, Cary Federman contends that habeas corpus is more than just a get-out-of-jail-free card—it gives death row inmates a constitutional means of overturning a jury's mistaken determination of guilt. Tracing the history of the writ since 1789, Federman examines its influence on federal-state relations and argues that habeas corpus petitions turn legal language upside down, threatening the states' sovereign judgment to convict and execute criminals as well as upsetting the discourse, created by the Supreme Court, that the federal-state relationship ought not be disturbed by convicted criminals making habeas corpus appeals. He pays particular attention to the changes in the discourse over federalism and capital punishment that have restricted the writ's application over time. |
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1 Habeas Corpus in the New American State 17891915 | 21 |
The Habeas Petitioner and the Corporation 1886 | 45 |
The Rise of Due Process 19231953 | 63 |
4Confessions and the Narratives of Justice 19631979 | 95 |
5 Future Dangerousness and Habeas Corpus 19822002 | 125 |
6 Habeas Corpus and the Narratives of Terrorism 19962004 | 157 |
7 Conclusion | 185 |
Notes | 191 |
Index | 235 |
Другие издания - Просмотреть все
The Body and the State: Habeas Corpus and American Jurisprudence Cary Federman Ограниченный просмотр - 2007 |
The Body and the State: Habeas Corpus and American Jurisprudence Cary Federman Недоступно для просмотра - 2006 |
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Стр. 56 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law.
Стр. 119 - The confession is a ritual of discourse in which the speaking subject is also the subject of the statement; it is also a ritual that unfolds within a power relationship, for one does not confess without the presence (or virtual presence) of a partner who is not simply the interlocutor but the authority who requires the confession, prescribes and appreciates it, and intervenes in order to judge, punish, forgive, console, and reconcile...
Стр. 56 - That invisible, intangible, and artificial being, that mere legal entity, a corporation aggregate, is certainly not a citizen; and, consequently, cannot sue or be sued in the courts of the United States, unless the rights of the members, in this respect can be exercised in their corporate name.
Стр. 2 - ... all cases where any person may be restrained of his or her liberty in violation of the Constitution, or of any treaty or law of the United States...
Стр. 224 - A second or successive petition may be dismissed if the judge finds that it fails to allege new or different grounds for relief and the prior determination was on the merits or, if new and different grounds are alleged, the judge finds that the failure of the petitioner to assert those grounds in a prior petition constituted an abuse of the writ.
Стр. 36 - The forbearance which courts of coordinate jurisdiction, administered under a single system, exercise towards each other, whereby conflicts are avoided by avoiding interference with the process of each other, is a principle of comity, with perhaps no higher sanction than the utility which comes from concord; but between state courts and those of the United States, it is something more. It is a principle of right and of law, and, therefore, of necessity.
Стр. 168 - It became criminal to advocate heavier taxation instead of bond issues, to state that conscription was unconstitutional though the Supreme Court had not yet held it valid, to say that the sinking of merchant vessels was legal, to urge that a referendum should have preceded our declaration of war, to say that the war was contrary to the teachings of Christ.
Стр. 221 - ... whether there is a probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society...
Стр. 108 - A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears fro* the application that the applicant or person detained is not entitled thereto.
Стр. 92 - We are not final because we are infallible, but we are infallible only because we are final.*1...