The Body and the State: Habeas Corpus and American JurisprudenceState University of New York Press, 2012 M02 1 - 254 pages 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. |
Contents
1 | |
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 |
Other editions - View all
The Body and the State: Habeas Corpus and American Jurisprudence Cary Federman No preview available - 2006 |
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allowed American appeal application arrest attack authority Bill Black body Brown cause century chapter Civil claims comity concerns confession confinement Congress congressional constitutional conviction corporate counsel created crime criminal justice dangerousness death decision defendant denied detention determine dissent due process effect enemy established executive fact federal courts federal habeas corpus federal-state finality force formal Fourteenth Amendment Frank future grant ground guilt habeas corpus habeas petitioners Hamdi hearing held individual institutional interests issue judge judgment judicial jurisdiction jurisprudence jury language Law Review liberty limited meaning military murder narrative nineteenth operating opinion person petition petitioner police political Powell prevent prisoners problem procedural protection punishment question reason regarding relations relied relief remedy restrict Royall rule sentence standard state’s story Supreme Court tion trial turn understanding United University Press violation violence Warren writ wrote York
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Page 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...