Author Question: What are some of the ways the AEDPA places restrictions on habeas corpus? What will be an ideal ... (Read 38 times)

renzo156

  • Hero Member
  • *****
  • Posts: 526
What are some of the ways the AEDPA places restrictions on habeas corpus?
 
  What will be an ideal response?

Question 2

Fraud is more likely to occur when someone feels ________ to commit fraud.
 
  Fill in the blank(s) with correct word



katara

  • Sr. Member
  • ****
  • Posts: 305
Answer to Question 1

The first change to habeas corpus procedure resulting from the AEDPA is that review is permitted only when the state-level decision. Second, the AEDPA alters habeas review in capital cases (cases in which the accused is on death row). The AEDPA also places restrictions on filing successive habeas corpus petitions. It states that a claim presented in a second or successive habeas corpus application shall be dismissed (28 U.S.C. Section 22441). The AEDPA further restricts filing successive petitions that raise different claims.
Next, the AEDPA imposes strict filing deadlines for habeas corpus petitions. Namely, most habeas corpus petitions must be filed within one year from the date of the final state-level appellate judgment. Another AEDPA restriction on habeas corpus, though certainly not the last, addresses the habeas court's ability to engage in independent fact-finding. The legislation prohibits a habeas court from holding hearings to determine questions of fact unless the petitioner can make a showing of why such a review is necessary.


Answer to Question 2

pressure



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question


 

Did you know?

Interferon was scarce and expensive until 1980, when the interferon gene was inserted into bacteria using recombinant DNA technology, allowing for mass cultivation and purification from bacterial cultures.

Did you know?

Prostaglandins were first isolated from human semen in Sweden in the 1930s. They were so named because the researcher thought that they came from the prostate gland. In fact, prostaglandins exist and are synthesized in almost every cell of the body.

Did you know?

Eating food that has been cooked with poppy seeds may cause you to fail a drug screening test, because the seeds contain enough opiate alkaloids to register as a positive.

Did you know?

Oxytocin is recommended only for pregnancies that have a medical reason for inducing labor (such as eclampsia) and is not recommended for elective procedures or for making the birthing process more convenient.

Did you know?

Glaucoma is a leading cause of blindness. As of yet, there is no cure. Everyone is at risk, and there may be no warning signs. It is six to eight times more common in African Americans than in whites. The best and most effective way to detect glaucoma is to receive a dilated eye examination.

For a complete list of videos, visit our video library