Innocence and the Death Penalty: Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Third Congress, First Session, on S. 221, a Bill to Allow a Prisoner Under Sentence of Death to Obtain Judicial Review of Newly Discovered Evidence Showing that He is Probably Innocent, April 1, 1993, Volume 4 |
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Common terms and phrases
9th Cir actual innocence Alabama April 20 Attorney Bedau & Radelet Bedau and Radelet California Supreme Court capital murder capital punishment certiorari claims of innocence CONG CONGRESS THE LIBRARY constitutional convicted counsel crime criminal justice system D'ALEMBERTE death penalty death row death sentence defendant deterrent effect evidence of innocence executive clemency fact Federal courts Federal habeas corpus guilt habeas corpus habeas petition Harris files hearing Herrera inmates inno innocent person issue judge jury killed Layson LIBRARY OF CONGRESS litigation Markman & Cassell Markman and Cassell Monroeville newly discovered evidence Ninth Circuit NUNNELLEY parole perjury Powell Committee probably innocent proceedings prosecutor PUBLIC POLICY LESSONS Randall Dale Adams RARY remand RESS risk Robert Alton Harris S.Ct S.D. Cal Senate bill 221 Senator FEINSTEIN Senator HATCH Senator METZENBAUM sentence of death STEVENSON supra note testified Texas tion trial court truck U.S. Supreme Court victims Walter McMillian witnesses writ
Popular passages
Page 120 - ... restrained of his liberty, in any State court, or by or under the authority of any State, for any matter so heard and determined, or in process of being heard and determined, under such writ of habeas corpus, shall be deemed null and void.
Page 120 - In a habeas corpus proceeding before a circuit or district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit where the proceeding is had.
Page 101 - Of course, such evidence must bear upon the constitutionality of the applicant's detention; the existence merely of newly discovered evidence relevant to the guilt of a state prisoner is not a ground for relief on federal habeas corpus.
Page 109 - State court only on the ground that he is in custody in violation of the constitution or laws or treaties of the United States.
Page 34 - For the purpose of this Chapter (or Act) the confidential relations and communications between licensed applied psychologist (or certified clinical psychologist or licensed psychologist or psychological examiner) and client are placed upon the same basis as those provided by law between attorney and client, and nothing in this Chapter (or Act) shall be construed to require any such privileged communication to be disclosed.
Page 119 - A court of the United States may not grant an injunction to stay proceedings in a State court except as expressly authorized by Act of Congress, or where necessary in aid of its jurisdiction, or to protect or effectuate its judgments.
Page 121 - We may nevertheless assume safely that there are murderers, such as those who act in passion, for whom the threat of death has little or no deterrent effect. But for many others, the death penalty undoubtedly is a significant deterrent.
Page 122 - When society promises to punish by death certain criminal conduct, and then the courts fail to do so, the courts not only lessen the deterrent effect of the threat of capital punishment, they undermine the integrity of the entire criminal justice system.
Page 102 - Bedau & Radelet, Miscarriages of Justice in Potentially Capital Cases, 40 Stan.
Page 32 - The evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different. A "reasonable probability" is a probability sufficient to undermine confidence in the outcome.