Mr. Chairman, habeas corpus is the way that the Federal courts consider whether prisoners are unconstitutionally imprisoned. Habeas is the principal way the Federal courts enforce the Bill of Rights in State criminal cases. I am a supporter of the death penalty, and I want State criminal cases to move faster. It is unacceptable for victims and their families to wait years for State criminal convictions to become vital. There are many abuses in the current system, and it is time for Congress to put a stop to them. For example, prisoners may file multiple petitions, and there are no time limits for filing these petitions. Incompetent lawyers representing death row defendants make mistakes that give these defendants issues for appeal, and reduce the chances for a fair trial. Procedural technicalities prevent courts from deciding the merits of a claim in a timely way. They also create new issues for litigation that further delay finality. I want to bring a halt to these abuses and delays. But I recognize that habeas corpus is an essential part of our criminal justice system. The Federal courts are finding serious constitutional errors in an astounding 40 percent of State capital cases. This is simply not the time to restrict access to the Federal courts beyond what is absolutely necessary.
Editor's note · Context
Discussing the importance of habeas corpus in the context of state criminal cases and the death penalty.
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