We have just done the right thing by passing the Hyde amendment. Let us not throw it out. Mr. Chairman, although I believe habeas reform is long overdue to streamline the appeals process, no reform is better than the so-called reforms included in the Derrick amendment. Virginia's attorney general, Jim Gilmore, has told me that based on his experience as a prosecutor, all habeas provisions should be stricken from this crime bill. We have just done that. Let us not weaken the death penalty by putting most of it back in. These are not reforms. They simply undermine current law by guaranteeing criminals the right to continue endless appeals and will lead to more and not less litigation. The U.S. Supreme Court has ruled inmates cannot challenge their convictions and sentences years after the fact based on new rules. We just struck from the bill language that would open the door for endless appeals based on new laws. The Derrick amendment still gives more opportunities for appeal on new rules than under current law. The Derrick amendment would allow endless claims of newly discovered evidence to be brought at any time. Current law provides for appointment of counsel and provision of other related services for Federal review of habeas petitions, but the Derrick amendment guarantees capital defendants to counsel for every stage of the proceedings. Judges will no longer be permitted to appoint counsel in capital trials.
Editor's note · Context
Discussing the implications of the Derrick amendment on habeas reform and the death penalty.
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