Postconviction Remedies

Postconviction Remedies

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Description

Postconviction Remedies is designed for a one-semester survey course on federal and state habeas corpus, postconviction, and sentence correction procedures, with additional focus on innocence cases. It is also intended to give students a legal foundation for clinical advocacy work for people who are unjustly imprisoned. Although there is an exoneration somewhere in America every other day, courts and legislatures are moving to restrict avenues of relief against unjust convictions and sentences. This casebook is intended to enable students and instructors to understand the critical role of habeas corpus in protecting human rights and civil liberties in America. The casebook begins with an introduction to habeas corpus, its historical uses, and its unique role in fighting unjust government detention. It then traces the development of procedural doctrines through the Antiterrorism and Effective Death Penalty Act and explores the impact of the innocence phenomena on postconviction proceedings. Finally, the book examines legislative procedures enacted to correct unjust sentences that cannot be remedied through traditional postconviction procedures, using the First Step Act as a model.

Publication Date

8-2025

Keywords

Postconviction remedies, habeas corpus, federal habeas corpus, state postconviction relief, criminal procedure, criminal law, wrongful convictions, innocence, actual innocence, Innocence Project, postconviction litigation, collateral review, constitutional rights, due process, Antiterrorism and Effective Death Penalty Act (AEDPA), AEDPA, procedural default, ineffective assistance of counsel, sentence correction, sentencing reform, First Step Act, executive clemency, postconviction advocacy, criminal appeals, prisoner rights, criminal justice reform, exoneration, federal courts, state courts, legal clinics

Disciplines

Constitutional Law | Courts | Criminal Law | Criminal Procedure | Law | Legal Education | Legal Remedies

Postconviction Remedies

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