Postconviction Remedies is designed for a one-semester survey course on federal and state habeas corpus, postconviction, and sentence correction procedures, with additional focus on innocence cases. It is also intended to give students a legal foundation for clinical advocacy work for people who are unjustly imprisoned. Although there is an exoneration somewhere in America every other day, courts and legislatures are moving to restrict avenues of relief against unjust convictions and sentences. This casebook is intended to enable students and instructors to understand the critical role of habeas corpus in protecting human rights and civil liberties in America. The casebook begins with an introduction to habeas corpus, its historical uses, and its unique role in fighting unjust government detention. It then traces the development of procedural doctrines through the Antiterrorism and Effective Death Penalty Act and explores the impact of the innocence phenomena on postconviction proceedings. Finally, the book examines legislative procedures enacted to correct unjust sentences that cannot be remedied through traditional postconviction procedures, using the First Step Act as a model.

Authors:

Sean O’Brien; University of Missouri Curators’ Distinguished Teaching Professor University of Missouri – Kansas City School of Law.

LaJuana Davis; Judge J. Russell McElroy Professor of Law and Director of the Innocence Law Clinic Samford University Cumberland School of Law.

Amanda K. Rogers; Visiting Professor Georgetown Law.

Download free PDF or Word version at https://www.cali.org/books/postconviction-remedies