Antiterrorism and Effective Death Penalty Act

[madmusic]

The Great Unobtainable Writ:
Indigent Pro Se Litigation After the
Antiterrorism and Effective Death Penalty Act of 1996

Thomas C. O’Bryant

The Importance and History of Habeas Corpus

Habeas corpus, also known as the “Great Writ,” has long held a place in
the American legal system. Moreover, it is of such importance, that it was
once claimed that it, along with the Ex Post Facto Clause of the Constitution,
it eliminated any need for a Bill of Rights.

The Great Writ was available as part of common law in the American
colonies and was included in the U.S. Constitution after the colonies
won independence from England. The very first statute enacted by the
First Congress empowered the federal courts “to grant writs of habeas
corpus for the purpose of an inquiry into the cause of commitment.” This
authority, however, was limited to cases involving federal prisoners.

....

For centuries a person deprived of his liberty has had habeas corpus
available to deliver him from unjust confinement. However, this beacon
of hope is beginning to fade, and the writ of habeas corpus may now be
evolving into what could be considered the “Great Unobtainable Writ.”

Until recently, two important characteristics of habeas corpus remained
unchanged. There was no statute of limitations for seeking the writ because
it was believed that the right of personal freedom from illegal restraint never
lapses. Also, there was no prohibition against successive applications for a
writ. Sadly, public perception of these essential characteristics contributed
to the mistaken belief that the Great Writ was being abused, and on
April 24, 1996, they faded into history when President Clinton signed
AEDPA into law.


By way of talkleft.com. More:

http://www.law.harvard.edu/students/orgs/crcl/vol41_2/obryant.pdf

Who cares! They're criminals, damn it. Let 'em rot.

Mm, really? Do the words "martial law" mean anything to you?