NCJ Number
10618
Journal
Trial Volume: 9 Issue: 3 Dated: (MAY/JUNE 1973) Pages: 41-42
Date Published
1973
Length
2 pages
Annotation
THE WRIT OF HABEAS CORPUS IS DEFENDED AGAINST CRITICISMS LEVELED AGAINST THE WRIT IN ITS PRESENT STATE.
Abstract
THE AUTHOR EXAMINES AND COUNTERS ARGUMENTS AGAINST THE WRIT WHICH INCLUDE THE BURDEN OF HABEAS CORPUS PETITIONS ON FEDERAL COURTS, THE NEED FOR FINALITY IN CRIMINAL COURT CASES, AND THE ANTIREHABILITATIVE EFFECT THAT THE PRESENCE OF THE WRIT HAS ON THE PRISONER. THE AUTHOR SUGGESTS THAT RECTIFYING THE UNLAWFUL ASPECT OF ANY PART OF THE CRIMINAL PROCEDURE SHOULD BE PARAMOUNT AND THAT THESE CRITICISMS DO NOT SURVIVE CAREFUL SCRUTINY. THE AUTHOR CONTENDS THAT THE REAL PROBLEM IS THE LACK OF QUALIFIED LEGAL ASSISTANCE FOR THE INMATES IN OUR PRISONS. IF INMATES WERE PROVIDED WITH THIS ASSISTANCE THEY WOULD REALISTICALLY EVALUATE THEIR GRIEVANCES TO MAKE SURE THEY ARE LEGALLY SUFFICIENT.