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Habeas Corpus Litigation in United States District Courts: An Empirical Study, 2000-2006

Metadata Updated: November 28, 2023

The purpose of the Habeas Corpus Litigation in United States District Courts: An Empirical Study, 2007 is to provide empirical information about habeas corpus cases filed by state prisoners in United States District Courts under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The writ of habeas corpus is a remedy regulated by statute and available in federal court to persons "in custody in violation of the Constitution..." When a federal court grants a writ of habeas corpus, it orders the state court to release the prisoner, or to repeat the trial, sentencing, or other proceeding that led to the prisoner's custody. Each year, state prisoners file between 16,000 and 18,000 cases seeking habeas corpus relief. The study was the first to collect empirical information about this litigation, a decade after AEDPA was passed. It sought to shed light upon an otherwise unexplored area of habeas corpus law by looking at samples of capital and non-capital cases and describing the court processing and general demographic information of these cases in detail. AEDPA changed habeas law by:

Establishing a 1-year statute of limitation for filing a federal habeas petition, which begins when appeal of the state judgment is complete, and is tolled during "properly filed" state post-conviction proceedings; Authorizing federal judges to deny on the merits any claim that a petitioner failed to exhaust in state court; Prohibiting a federal court from holding an evidentiary hearing when the petitioner failed to develop the facts in state court, except in limited circumstances; Barring successive petitions, except in limited circumstances; and Mandating a new standard of review for evaluating state court determinations of fact and applications of constitutional law.

The information found within this study is for policymakers who design or assess changes in habeas law, for litigants and courts who address the scope and meaning of the habeas statutes, and for researchers who seek information concerning the processing of habeas petitions in federal courts. Descriptive findings are provided detailing petitioner demographics, state proceedings, representation of petitioner in federal court, petitions, type of proceeding challenged, claims raised, intermediate orders, litigation steps, processing time, non-merits dispositions and merits disposition for both capital and non-capital cases which lead into the comparative and explanatory findings that provide information on current and past habeas litigation and how it has been effected by the Antiterrorism and Effective Death Penalty Act of 1996.

Access & Use Information

Restricted: This dataset can only be accessed or used under certain conditions. License: us-pd

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Dates

Metadata Created Date August 18, 2021
Metadata Updated Date November 28, 2023

Metadata Source

Harvested from DOJ JSON

Additional Metadata

Resource Type Dataset
Metadata Created Date August 18, 2021
Metadata Updated Date November 28, 2023
Publisher National Institute of Justice
Maintainer
Identifier 2994
Data First Published 2013-12-20T11:48:21
Language eng
Data Last Modified 2013-12-20T11:55:27
Rights These data are restricted due to the increased risk of violation of confidentiality of respondent and subject data.
Public Access Level restricted public
Bureau Code 011:21
Metadata Context https://project-open-data.cio.gov/v1.1/schema/catalog.jsonld
Metadata Catalog ID https://www.justice.gov/data.json
Schema Version https://project-open-data.cio.gov/v1.1/schema
Catalog Describedby https://project-open-data.cio.gov/v1.1/schema/catalog.json
Harvest Object Id e7234ac4-fd99-4312-aea1-222e271dc8c4
Harvest Source Id 3290e90a-116f-42fc-86ac-e65521ef3b68
Harvest Source Title DOJ JSON
License http://www.usa.gov/publicdomain/label/1.0/
Program Code 011:060
Publisher Hierarchy Office of Justice Programs > National Institute of Justice
Source Datajson Identifier True
Source Hash 41de33743a5356f6061f0a3261ce3993de035a5618974daaf6b4a21f98720db2
Source Schema Version 1.1

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