Prisoner Appeals in Federal Courts

Paper Summary:

The paper argues that federal courthouse doors must remain open to state prisoners to safeguard their individual liberties and to provide an independent review forum for injustices. The paper discusses how federal courts can redress the wrongs that state appellate courts have ignored such as incompetent defense attorneys, prosecutorial misconduct, or jury rigging.

From the Paper:

"Federal courthouse doors must remain open to state prisoners, especially those sentenced to death. Attempts to limit judicial review of state convictions follow public sentiment. In 1996 amid the public's horror over the bombing of the Oklahoma federal building, law makers connected habeas corpus restrictions to their antiterrorism bill. These restrictions included a one year statute of limitations to file a federal habeas petition. It placed a high burden of proof on inmates in order to obtain a federal evidentiary hearing. A "gatekeeper" provision was included, consisting of a panel of three circuit judges to review second and subsequent habeas petitions which would be approved only if the petition relied on a new constitutional law or newly available evidence. The legislation requires a federal judge to defer to a state court's determination of legal questions unless there was an unreasonable application of establish federal law of the state court's decision (Weich, 2001)."

Sample of Sources Used:

• Greenhouse, L. (2003). The New York Times. Retrieved June 8, 2006, from: http://www.religionnewsblog.com/html/2492- _U.S._Justices_Reopen_Door_a_Bit_for_State_Inmates__Appeals.html
• Halperin, R. (2003). Death penalty news. Retrieved June 8, 2006, from: http://venus.soci.niu.edu/~archives/ABOLISH/rick-halperin/apr03/0027.html
• Neubauer, D. (2002) America's Courts and the Criminal Justice System. Retrieved June 8,
• 2006, from: https://mycampus.phoenix.edu/secure/resource/resource.asp
• St. Petersburg Times (2005). Bill to close federal courthouse doors to prisoner appeals. Retrieved June 8, 2006, from: http://www.democracyinaction.org/dia/organizations/ncadp/news.jsp?key=1660&t

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