Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Post-conviction remedies - Essay Example

Comments (0) Cite this document
Normally, there are two methods which are commonly used: post conviction remedies and direct appeals filed by a defendant after his conviction in a trial…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.9% of users find it useful
Post-conviction remedies
Read TextPreview

Extract of sample "Post-conviction remedies"

How post-conviction remedies differ from direct appeals In relation to the crime and the judgment made, individuals decide on the most suitable method to appeal for their cases. Normally, there are two methods which are commonly used: post conviction remedies and direct appeals filed by a defendant after his conviction in a trial court. Direct appeals are requests to an appellate court for it to review and change the decision of a lower court. The defendant may dispute the conviction itself or appeal the trial courts sentencing judgment without actually challenging the fundamental conviction. Some of the most common post conviction appeals include: appeal to State appellate Court which contends that trial judge made some legal error, State Supreme Court appeal that requests that highest court in the state review and overturn the decision of the mid-level appeals court, U.S. Supreme Court appeal that makes a request to the highest court in the nation to intervene and correct an error on the part of the state courts that violated the U.S. Constitution, appeal of Federal Habeas Corpus Petition to Circuit Court which requests the mid-level federal court to review the federal trial courts decision denying the writ and lastly, appeal of Federal Habeas Corpus Petition to U.S. Supreme Court which requests the premier court in the land to examine the mid-level federal courts verdict denying the writ. On the other hand, Post conviction remedies include a variety of liberation sought by a convicted criminal to have his or her sentence vacated, set aside, or corrected because such a sentence was based upon some defiance of the U.S. Constitution. Among the most common post-conviction remedies available are the writ of Habeas Corpus and the writ of Coram Nobis. However, Writ of Habeas Corpus is the mostly used. It involves issuing of a court order that orders a person or a government official who has prevented another to produce the prisoner at a designated time and place so that the court can determine the authenticity of charge and decide whether to demand the prisoners discharge.
Development of writ of habeas corpus can be traced back in 1215 whereby the habeas corpus concept was first expressed in the Magna Charta at Runnymede on June 15, 1215. Among the liberties affirmed in the Magna Charta was that "No free man shall be detained, or jailed, or diseased, or forbidden, or exiled, or wounded in any way (Neubauer, 2004). The writ of habeas corpus was initially used by the common-law courts in thirteenth and fourteenth century in England. From the late fifteenth to the seventeenth centuries, the common-law courts made use of the writ to demand the liberation of persons held by royal courts, such as the Chancery, admiralty courts, and the Chamber. The only reference to the writ of habeas corpus in the U.S. Constitution is contained in Article I, Section 9, and Clause 2. In 1867, Congress approved the Habeas Corpus Act of February 5 (ch. 28, 14 Stat. 385 [28 U.S.C.A. §§ 2241 et seq.]). This statute gave federal courts the authority to issue habeas corpus writs for any individual restrained in violation of the Constitution, or of any agreement or law of the United States.
In conclusion, post conviction remedies are considered to be extraordinary solutions which are permitted when a defendant has no other adequate remedy. In other words, a defendant may take a writ to contest a point that he/she is not entitled to raise on appeal. Therefore, post-conviction remedies are sought for in events where appeals cannot be used.
Neubauer, D. W. (2008) America’s courts and the criminal justice system. 9th ed.
St Louis: Thomson Learning. Read More
Cite this document
  • APA
  • MLA
(“Post-conviction remedies Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
Retrieved from
(Post-Conviction Remedies Essay Example | Topics and Well Written Essays - 500 Words)
“Post-Conviction Remedies Essay Example | Topics and Well Written Essays - 500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Post-conviction remedies

Mangosteen Remedies Marketing Plan

...Introduction to My Company My company, formed under the name and style of ‘Mangosteen Remedies’, is in the field of manufacturing and marketing alternative medicines for chronic ailments such as asthma, arthritis, gout, and chronic allergies, which substitutes traditional medicines such as NSAIDS, salicylates, COX-2 inhibitors and many more. Mission Statement of My Company The mission statement of ‘Mangosteen Remedies’ is to improve and preserve human life by providing medicines prepared from natural substances that rejuvenates our immune system and make us free from the harmful effects of traditional medicines. Why Alternative Medicines Traditional medicines have a lot of harmful side effects and patient cannot consume it for a long...
8 Pages(2000 words)Coursework

Disadvantages of herbal remedies

...?Disadvantages of Herbal Remedies Herbal remedies, extracted from different herbs and plants, have been very popular since ages and native people of many countries have been using these as an alternative to medical treatments. Plants are used for the preparation of herbal remedies because plants and herbs naturally contain a lot of useful substances like phenols, tannins, and minerals. However, where there are so many advantages, we cannot ignore some disadvantages too. First of all, herbal remedies take ample time to take an effect. One needs to have a lot of patience using a herbal treatment. Then, many herb and plant extracts may cause allergies which appear much later after the treatment is complete. The government does not support any...
1 Pages(250 words)Speech or Presentation

Remedies and restitution

...? Remedies and Restitution Words 264 Consulting Pippa. This section will discuss Pippa’s liabilities. It will be discussed what Pippa can claim against the following parties and what remedy can she get in each claim: Suzi; Frank; the Council; Rolling Hills; Hughes & Co.; Wing Nuts; and Julian. Pippa can probably claim damages against Suzi for misrepresentation, saying that she produced the Grand Prix from start to finish, when many different people and organizations had made it possible to put together the race. “An oral statement might constitute an actionable misrepresentation when it distorts a written representation.”1 Since Suzi had made oral statements—literally, presentations about how she could make a full-service go-cart track...
5 Pages(1250 words)Essay

Absenteeism:causes,costs and remedies

Absenteeism refers to the failure on the part of employees to report to work though they are scheduled to work.In other words,"unauthorized absences constitute absenteeism". Absenteeism cost money to the organization,besides reflecting employees' dissatisfaction with the company. Its annual cost has been estimated at over $ 40 billion for US organizations and $ 12 billion for Canadian firms (Rhodes & Steers, 1990). In Germany, absence cost industrial firms more than 31 billion Euros each year (Schmid, 1996). These figures indicate the importance to an organization of keeping absenteeism low. It's obviously difficult for an organization to operate smoothly and to attain its objectives if employees fail to report to their job. The w...
3 Pages(750 words)Essay

Remedies and Restitution Assignment

...Today, talk of blame culture or compensation culture features prominently in discussions concerning negligence law. In Atiyah’s “The Damages Lottery”1, he expresses dissatisfaction with the present system of awarding damages for personal injury claims and puts forward the argument for replacement of the damages lottery, with a no fault based compensation scheme and increased role of insurance. Atiyah’s arguments are further rooted in a growing academic perception of blame culture and compensation culture permeating negligence claims.2 In this paper I shall undertake a critical review of this topic by considering the concept of the blame and compensation culture and evaluating Atiyah’s proposals regarding the implementation... talk of blame...
7 Pages(1750 words)Essay


...’, did not amount to an admission that they were responsible for the accident. In this case Lord Thankerton made the point that ‘The court must be careful to place itself in the position of the person charged with the duty and to consider what he or she should have reasonably anticipated as a natural and probable consequence of neglect, and not to give undue weight to the fact that a distressing accident has happened or that witnesses in the witness box are prone to express regret, ex post fact, that they did not take some step, which it is now realised would definitely have prevented the accident.’ In the earlier judgment of this case, the courts had held the respondent liable based on the comments made. This decision was only overturned...
10 Pages(2500 words)Essay

Remedies Regarding The Project

... Analysis, Critique and recommendations/ Remedies regarding the project Executive summary EDS enters into aperformance contract with NMCI to sell services, applications and software at a fixed price. While making the estimates BNMCI underestimate the time of the project implementation and the resources required. This leads to a poor performance which calls for allocation of more time and resources. However, by the time they do this, project has already deviated from the intended course, and set goals can no longer be achieved in time. NMCI is partly to blame for it is slow in accepting the change and takes no corrective measures when EDS fails to deliver as expected. NMCI also ignores all the advices from other organizations. NMCI also...
4 Pages(1000 words)Essay

Herbal Remedies

...Herbal medicine Lecturer The use of herbal medicine among African Americans and Italian Americans has become increasingly popular in the United States. However, the prevalence of herbal use among these two groups varies in different previous studies. There have been wide studies on the pattern of herbal use among racially diverse patients. This paper therefore seeks to describe the herbal use among African Americans and Italian Americans as well as their perceptions concerning the pattern of using herbal medicine. There are racial differences in the use of herbal among the African Americans and Italian Americans. Some of the factors that influence herbal use in America include ethnicity, history of family, immigrant, and herbal... medicine...
1 Pages(250 words)Assignment

Criminal sanctions, civil remedies

... Criminal sanctions and civil remedies Question a Provide an essay plan setting out how you would address the question The ability to understand the difference between civil and criminal law can help individuals to understand the possible outcome that can result from any legal proceeding. This way, it is possible for an individual to know whether to seek legal redress through the court, or to adapt an out-of-court settlement, based on the likely outcome. Therefore, it is important to understand the existing difference between criminal law and civil law. This essay therefore seeks explain the existing difference between criminal law and the civil law, with a view to establish the process through which these different legal processes work...
9 Pages(2250 words)Essay

The Post Bureaucratic Organization

...The Post Bureaucratic Organization Introduction It is observed that whenever an organization is described, one always says it is either bureaucraticor non-bureaucratic. The concept of bureaucracy as a form of organization has become the basis for scholars and practitioners to determine and evaluate other forms of organizations. However, with all the changes that have challenged bureaucratic organizations, there was the advent of newer forms of organization, which have become more commonly and conveniently called the post-bureaucratic forms of organization. This paper will identify the characteristics of post-bureaucratic organizations and determine the challenges and pressures that managers face in a post-bureaucratic environment...
14 Pages(3500 words)Assignment

International Economic Growth: Japanese Post-War Economic Miracle

The state, which had lost during the war almost 40 % of its wealth, which has haven’t any raw material sources, was completely cut off the exterior raw market. It has been destroyed about 30 % of basic industry equipment. After numerous bombing, Nagasaki and Hiroshima have been almost purely ruinous. The capital of the country, Tokyo, has stayed in ruin. There has been demobilized about 9 million soldiers, moreover, 1.5 million people have entered the country as refugees. Inflation has reached 5000 %. There has been an overall shortage of goods and materials. There has been a great dearth. The value of the yen to the dollar has been constantly falling down that has evidenced that the financial system of the state has been co...
6 Pages(1500 words)Case Study

English Literature - the Post-War Fiction

And, one of the written forms through which the author will reflect all his/ her ‘events influenced thought process’, is the fiction. So, from early centuries, fictions have been a great medium to imprint one’s life as well as to see and read one’s life. And, Writers from the United Kingdom also wrote events influenced fictions as a variation to plays. And this paper will analyze the event of World Wars and its impact, as an aspect of modernism, and then demonstrate its use in the modernist writing, “The Happy Autumn Fields” written by the Irish born English author, Elizabeth Bowen.

Among an assortment of events of the 20th century, the two World Wars only impacted the people en masse...
12 Pages(3000 words)Term Paper

Post-Cold War: Democratic Peace and Environmental Conflict

The two blocs attempted to prove that their ideologies were better and some of the significant issues they attempted to present their ideas on were liberalism, globalization, ethnic conflict, and democratic peace.

The ideologies of the Western bloc were pro-liberalism as they believed in having a free market or mixed economy and giving due rights to individuals. In contrast, the Eastern bloc fought in favor of a planned economy with everything under the authority of central power. One bloc treated global peace as a result of democracy while the other bloc presented views to suggest that democratic peace is an unattainable concept. These debates and issues became even more heated with the worsening global political situa...
12 Pages(3000 words)Term Paper

Police and Society: Post 9/11

The paper then takes note of a number of initiatives that have attempted to combine local policing with intelligence work. This shift from crime-prevention to counter-terrorism has had a profound effect upon these local law enforcement divisions; lack of proper funding has also undermined these projects, leaving local officers with the ability to prevent terrorists, but either lacking in resources or risking becoming dependant upon intelligence divisions. The paper will then turn to a consideration of two local communities, Dearborn, Michigan, and Las Vegas, Nevada, that have been involved in these initiatives, and considers the impact of counter-terrorism policing upon the wider local law enforcement of the region.

12 Pages(3000 words)Case Study

Where Land Was King - The Post Civil War South

...Where Land Was King: The Post Civil War South Mans relationship with the land has been told in literature since the days of Moses when he pleaded with the Pharaoh to free his people. In the Southern United States during the 19th century, land ownership became a social division between the elite landowners and the slaves and poor whites. For the antebellum South, cotton was king and land ownership provided the social capital necessary to acquire and maintain economic status. The Souths heavy reliance on agriculture, as opposed to industry, as a means to flourish economically during this period depended on the plantation system of landowners and slavery. African-Americans and poor whites living in the South were denied land and the economic...
6 Pages(1500 words)Essay

Remedies and Restitution

It has become the practice to blame someone or the other for the loss suffered, Consequently, in CBS Songs Ltd v Amstrad Consumer Electronics plc, Lord Templeman commented that the claimants and their representatives were eager to assume that foreseeability was a mere reflection of hindsight. As such, there was an unjustified attempt to hold some solvent person liable for the loss suffered2.
Authorisation involves control, and this was stressed by Lord Templeman in the above case. In this case, it was alleged that the defendant, the manufacturer of a dual cassette player cum recorder, had failed to control the actions of the consumers who had bought the cassette players. The House of Lords refused to hold the defendant liable...
9 Pages(2250 words)Essay

Post Traumatic Stress Disorder

...Diagnosis Paper: Post-Traumatic Stress Disorder Karyn Sherwood Abnormal Psychology L. Horrell April 3, Introduction and overview of disorder Post-traumatic stress disorder is one of the more severe anxiety disorders defined in psychology. PTSD can occur in people after they have been subjected to psychological trauma, which can be caused by means of any one event that may force a person to feel threatened, or involve death, sexual, physical or psychological virtues. The disorder takes place after the person has experienced the traumatic event. According to the American Psychiatric Association, the diagnostic criteria for PTSD consists of the exposure to a traumatic event; persistent re-experiencing of the event; persistent avoidance...
24 Pages(6000 words)Term Paper

US Post Cold War Interventionism Foreign Policy

...Running head: US post Cold War interventionism foreign policy Lecturer presentation Introduction The interventionism foreign policy that United States adopted in the post Cold War era has left the country and citizens more insecure than ever before. Since the Second World War ended in 1945, the United States military has engaged in five major conflicts in different parts of the globe, which have inflicted heavy economic damage on the country and loss of numerous lives of the combatants and civilian populations. The country has spent billions of dollars, which unfortunately has not translated into tangible sense of security for American interests within and outside the country’s borders. There is strong and credible argument...
6 Pages(1500 words)Coursework

Understanding Language on a Post-Structuralist Thinking

Besides, the identity of the author is a stable self having a single discernible intent is considered as fictional. However, post-structuralism refutes the notion that a literary text has a single purpose and meaning as well as singular existence. Nonetheless, each reader creates a new and individual meaning, purpose and existence of a given text. Besides the literary theory, this situation is usually generalizable to any particular situation that has the subject perceiving a sign3.
In the post-structuralist approach to the textual analysis, the reader usually replaces the author as the main subject of iniquity. This displacement is commonly known as destabilizing the author, even though it has a significant impact on the tex...
6 Pages(1500 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Post-conviction remedies for FREE!

Contact Us