The Body and the State Habeas Corpus and American Jurisprudence

Author/creator Federman, Cary, 1963- Author
Format Electronic
EditionAnnotated
Publication InfoSuny Press [Imprint] Albany : State University of New York Press
Description242 p. 09.300 x 06.100 in.
Supplemental ContentFull text available from eBooks on EBSCOhost
Supplemental ContentFull text available from Ebook Central - Academic Complete
Subjects

SeriesSUNY Series in American Constitutionalism
Summary Annotation The writ of habeas corpus is the principal means by which state prisoners, many on death row, attack the constitutionality of their conviction in federal courts. In The Body and the State, Cary Federman contends that habeas corpus is more than just a get-out-of-jail-free card-it gives death row inmates a constitutional means of overturning a jury's mistaken determination of guilt. Tracing the history of the writ since 1789, Federman examines its influence on federal-state relations and argues that habeas corpus petitions turn legal language upside down, threatening the states' sovereign judgment to convict and execute criminals as well as upsetting the discourse, created by the Supreme Court, that the federal-state relationship ought not be disturbed by convicted criminals making habeas corpus appeals. He pays particular attention to the changes in the discourse over federalism and capital punishment that have restricted the writ's application over time. Book jacket.
Access restrictionAvailable only to authorized users.
Technical detailsMode of access: World Wide Web
Genre/formElectronic books.
LCCN 2005012801
ISBN9780791467039
ISBN0791467031 (Trade Cloth) On Demand
Standard identifier# 9780791467039
Stock number00025125

Availability

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Electronic Resources ✔ Available