I supported the habeas corpus provision reported by the Judiciary Committee. I think it strikes a fair balance between streamlining the process and ensuring fairness. But I also support the Derrick amendment. It is tougher than the committee bill, but it also strikes a fair balance. Habeas corpus is an essential part of our criminal justice system. If our Bill of Rights is to mean anything, we simply must preserve the Great Writ. What convinces me is that the Federal habeas courts have found serious constitutional error in a full 40 percent of State death penalty cases. This is simply no time to be unduly cutting back on habeas corpus. At the same time, however, the system is plagued by delays and other abuses. The Derrick amendment gets rid of these abuses, by imposing a short statute of limitations for filing petitions, by virtually eliminating multiple petitions, and by getting rid of the procedural technicalities that bog down the courts and delay finality. The Derrick amendment preserves the Great Writ, and I support that. But it also streamlines and expedites the process. I support that too. I urge a ``yes'' vote on the amendment offered by the gentleman from South Carolina.
Editor's note · Context
Discussing support for habeas corpus provisions and the Derrick amendment during a floor debate.
Share
More from Hamilton Fish
the former law provided that the independent counsel receive a salary equivalent to level IV of the executive schedule. That is currently an annual salary of $115,700. H.R. 811 contains confusing language that appears to allow employees of…
Mr. Speaker, I am reminded, though, of a story Abraham Lincoln was fond of telling. That was, he got a telegraph from his Collector of Customs in New Orleans--in those days that was a very profitable job for the collector--and the wire…
Mr. Chairman, violent crime is a devastating national problem--it is the most serious domestic problem facing America today. Violent crime has increased over 23 percent since 1988. A violent crime is committed once every 22 seconds--a…
I just came on the floor, and I understand that in previous discussion concerning the rule a statement was made about a vote I cast a number of years ago on similar coverage. That was in 1987, I believe, about congressional coverage. My…





