Difference between revisions of "Right to Habeas Corpus"

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# The AEDPA limited the power of federal judges to grant relief unless the state court's adjudication of the claim resulted in a decision that was (1) contrary to, or involved an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. It generally but not absolutely barred second or successive petitions, with several exceptions. Petitioners who had already filed a federal habeas petition were required first to secure authorization from the appropriate United States Court of Appeals, to ensure that such an exception was at least facially made out. These new requirements are complex in nature and are still being litigated throughout the United States.
 
# The AEDPA limited the power of federal judges to grant relief unless the state court's adjudication of the claim resulted in a decision that was (1) contrary to, or involved an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. It generally but not absolutely barred second or successive petitions, with several exceptions. Petitioners who had already filed a federal habeas petition were required first to secure authorization from the appropriate United States Court of Appeals, to ensure that such an exception was at least facially made out. These new requirements are complex in nature and are still being litigated throughout the United States.
  
== Rights of the accused ==
 
  
'''Table of Contents'''
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===Rights/ Protections from Police===
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See [[Rights of the Accused]]
* [[Arrest]]
 
* [[Confessions]]
 
* [[Pretrial Identification]]
 
* [[Right to Counsel]]
 
* [[Right to Silence]]
 
* [[Search and Seizure]]
 
 
 
===Rights during Detention===
 
* [[Freedom from Punishment]]
 
* [[Right to Counsel]]
 
* [[Right to Habeas Corpus]]
 
* Right to medical care
 
 
 
===Rights at Trial===
 
* [[Double Jeopardy]]
 
* [[Legality Principle]]
 
* [[Presumption of Innocence]]
 
* [[Right to Compulsory Process]]
 
* [[Right to Confront Witnesses]]
 
* [[Right to Counsel (Trial)| Right to Counsel]]
 
* [[Right to Fair Trial]]
 
* [[Right to Notice of Charges]]
 
* [[Right to a Speedy Trial]]
 
* Right to Trial by Jury
 
 
 
===Sentencing===
 
* [[Death Sentence]]
 
* [[Ex Post Facto Punishment]]
 
* [[Freedom from Cruel or Unusual Punishment]]
 
* Freedom from Torture
 
* [[Right to Appeal]]
 
* Right Not to be Fined Excessively
 
 
 
===Rights in Prison===
 

Revision as of 21:26, 8 June 2010