Week 7 Flashcards
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abuse-of-the-write rule
The rule that habeas corpus petitioners must demonstrate that they neither deliberately nor negligently failed to raise an issue in a prior habeas petition.
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administrative sentencing model
A sentencing structure in which parole boards and prison administrators determine the exact release date within sentences prescribed by legislatures and judges.
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broad interpretation of habeas corpus
The view that the habeas corpus act of 1867 empowers the federal courts to review the whole state proceeding to determine possible violations of federal or constitutional law.
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cause-and-prejudice rule
The rule that permits but does not require courts to deny habeas petitions if defendants fail to show cause for not raising an issue previously and prejudice in that failure to raise the issue probably affected the outcome of their case.
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collateral attack
Habeas corpus review of convictions in a separate civil proceeding.
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collateral consequences exception
The principle that cases are not moot if conviction can still cause legal consequences despite completion of sentence.
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direct attacks
Proceedings which attack the trial court’s decision as part of the same case.
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discretionary appeal
When a the U.S. Supreme Court or a state supreme court has the discretion to hear or not hear an appeal.
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doctrine of judicial economy
The concept that time and money should not be spent on appeals defendants could have avoided by objecting at trial.
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exhaustion-of-remedies rule
The rule that when a state prisoner files a petition for habeas corpus in federal court, the court must dismiss the petition if it contains a claim for which state remedies are still available.
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fixed (determinate) sentencing
Fixed sentencing (fitting sentences to the crime) which places most of the sentencing authority in the hands of legislatures.
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habeas corpus
A civil action challenging the lawfulness of detention or imprisonment.
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habeas corpus proceedings
Collateral attacks, which indirectly attack a judgment of conviction in a new proceeding.
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hands-off approach to sentencing procedures
The U.S. Supreme Court’s approach to sentencing before the present era of sentencing guidelines and mandatory minimums that left the way sentences are determined to trial judges.
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indeterminate sentencing
Sentencing (tailoring punishment to suit the criminal) which relies heavily on the discretion of judges and parole boards in exercising the sentencing authority.
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judicial sentencing model
A structure in which judges prescribe sentences within broad contours set by legislative penalties.
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legislative sentencing model
A structure in which legislatures exercise sentencing authority by prescribing specific penalties for certain crimes without regard to the individuals involved.
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mandatory minimum prison sentences
The legislatively prescribed, nondiscretionary minimum amount of prison time that all offenders convicted of the crime must serve.
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mootness doctrine
The rule that excludes from appeal cases in which the sentence is satisfied.
