The decline of habeas corpus

Abstract

Although habeas corpus was established to guarantee prisoners the right to petition federal courts to ensure that state courts had not erred in their conviction and sentencing, the recent trend of the federal habeas review appears to restrict those rights. This article first reviews the historical development of habeas corpus. It then explains that the recent habeas decisions of the federal courts have suppressed the federal habeas revolution by limiting successive petitions for federal habeas review, implementing a retroactive threshold requirement, and establishing a procedural default standard and a full and fair rule. The impact of Congress's current movement and the antiterrorism bill signed by the president on habeas corpus is also discussed. The article concludes that the trend of federal habeas review runs counter to the separation of power and indicates an ominous sign for the future of the habeas writ.