This article discusses the continued importance of rigorous habeas corpus review of state court convictions, particularly those obtained in states with an elected judiciary. Given the political pressures faced by elected judges and the tremendous amounts of money now being spent by candidates and third party groups in state judicial elections, it is highly doubtful that state courts can sufficiently protect and enforce the constitutional rights of unpopular litigants such as the criminally accused. An emerging body of research demonstrates that political pressure does indeed affect the manner in which judges rule in criminal cases. Accordingly, habeas corpus review by life-tenured federal judges should, if anything, be expanded, rather than reduced or eliminated, as some have argued.
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April 2012
Research Article|
April 01 2012
Why Habeas Review of State Court Convictions Is More Important than Ever
Lynn Adelman,
Lynn Adelman
United States District Judge for the Eastern District of Wisconsin
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Jon Deitrich
Jon Deitrich
Law Clerk, Judge Lynn Adelman, Eastern District of Wisconsin; Adjunct Professor of Law, Marquette University Law School
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Federal Sentencing Reporter (2012) 24 (4): 292–297.
Citation
Lynn Adelman, Jon Deitrich; Why Habeas Review of State Court Convictions Is More Important than Ever. Federal Sentencing Reporter 1 April 2012; 24 (4): 292–297. doi: https://doi.org/10.1525/fsr.2012.24.4.292
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