Is there any habeas left in this corpus?

Ross, Gary
September 1995
Human Rights;Fall95, Vol. 22 Issue 4, p4
This article reports on the Capital Punishment: Is There Any Habeas Left in This Corpus presentation sponsored by the Section of Individual Rights & Responsibilities in Chicago, Illinois in 1995. Panelist Larry Yackle noted that the key to reform bills is the procedure adjustments each required of the court. For instance, the filing deadline would be reduced to one year and federal court authority would also be greatly reduced. The court's responsibility to grant relief if the state court reached an arbitrary determination of the facts underlying a constitutional claim would be limited. According to Stephan Bright, 32 out of 38 states vote judges onto their court in their respective districts. Judges must therefore be aware of their constituents' demands. Many of these judges used to be prosecutors who sought high profile death penalty cases in order to show they were tough on crime. Race is also a factor in death penalty cases. Sharlette Holdman pointed out that of the 119 individuals on death row in California, 75 percent are of color. In most of the trials, the minority defendants were tried by an all-white jury. Another important change that has occurred involving the defendant's right to a fair trial involves funding cuts of death penalty resource centers.


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