tailieunhanh - Gale Encyclopedia Of American Law 3Rd Edition Volume 8 P13

Gale Encyclopedia of American Law Volume 8 P13 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 108 PRIVACY conditions was also diminished. A writ of habeas corpus is a legal document ordering anyone who is officially holding the petitioner to bring him into court to determine whether the detention is unlawful. A federal court can hear an application for a writ of habeas corpus by a state prisoner who is being held in custody allegedly in violation of the Constitution or the laws of the United States. Traditionally a writ of habeas corpus was granted only for the purpose of ordering an immediate release of a prisoner from all restraints. A court would have to find that the imprisonment itself was illegal for example if the petitioner were convicted but his constitutional rights were violated during the trial. The scope of federal habeas corpus expanded in the 1970s and early 1980s entitling prisoners to the writ even if they were legally in custody but the conditions of the confinement violated their constitutional rights. The writ is rarely used in these circumstances however because federal courts prefer to improve prison conditions rather than set a convicted felon free. Provisions of the Antiterrorism and Death Penalty Act of 1996 further limited the power of federal courts to review cases through habeas corpus review. The act lowered the applicable statute of limitations to one year after the judgment convicting the defendant becomes final which is generally the date of a final appeal or the final date when an appeal would be available. The act also provides several restrictions on the ability of a federal court in a habeas corpus review to reconsider the factual and legal bases for the defendant s incarceration. FURTHER READINGS Call Jack E. 1995. The Supreme Court and Prisoner s Rights. Federal Probation 59 March . Palmer John. 2006. Constitutional Rights of Prisoners. 8th ed. New York Anderson Pub. Co. Pew Center on the States. 2008. One in 100 Behind Bars in America 2008. Washington . CROSS REFERENCES Preventive Detention Right to Counsel. PRIVACY