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Petitions From The Grave: Why Federal Executions Are A Violation Of The Suspension Clause, Taran Wessells
Petitions From The Grave: Why Federal Executions Are A Violation Of The Suspension Clause, Taran Wessells
William & Mary Bill of Rights Journal
This Note will address the intersection of wrongful convictions, the federal death penalty, and habeas corpus to conclude that the federal death penalty is an unconstitutional violation of the Suspension Clause of the United States Constitution. Part I of this Note will establish that Congress may not suspend the writ of habeas corpus outside of wartime. Then, Part II will show that wrongfully convicted prisoners therefore have a constitutional right to a habeas petition if they discover new, exonerating evidence. Part III will argue that because executed prisoners cannot file a habeas petition for release, executing wrongfully convicted prisoners is …
The President And Individual Rights, Mark Tushnet
The President And Individual Rights, Mark Tushnet
William & Mary Bill of Rights Journal
No abstract provided.