On The Front Lines
Rutherford Institute President Voices Concern Over Bill to Restrict Habeas Corpus Rights
CHARLOTTESVILLE, Va. -- In a letter and memorandum to members of the Senate Judiciary Committee, John W. Whitehead, president of The Rutherford Institute, voiced his concern about major habeas corpus legislation pending before both the Senate and House of Representatives that, if passed, would essentially limit the rights of death row inmates to extend appeals in federal courts. After an intense debate and in light of concerns raised about the legislation, the Senate Judiciary Committee has decided to delay a vote on S. 1088, the "Streamlined Procedures Act of 2005," until September. A copy of The Rutherford Institute's analysis of the "Streamlined Procedures Act of 2005" is available here."While I understand the desire to reduce delays in the federal courts' review of habeas corpus petitions filed by state prisoners, I do not believe that denying prisoners the right to petition the federal courts is a viable and constitutionally sound solution," said John W. Whitehead, president of The Rutherford Institute. "Habeas corpus relief is based upon the simple premise that an individual should be protected from unlawful imprisonment. It is, thus, symbolic of our nation's commitment to constitutional values and to the idea that no person shall be convicted in violation of the fundamental law of the land. It is my hope that Congress will carefully consider the Streamlined Procedures Act's impact on the constitutional rights of all Americans."
Introduced in the Senate by Jon Kyl (R- AZ), the "Streamlined Procedures Act of 2005" is intended to reduce delays in the federal courts' review of habeas corpus petitions filed by state prisoners. However, as the Institute's memorandum to the Senate Judiciary Committee points out, the legislation would dramatically restrict federal courts' ability to consider habeas corpus petitions from state prisoners who claim that their constitutional rights have been violated or that they have evidence they are innocent. The term "habeas corpus" refers to a collection of related but distinct remedies available to state and federal prisoners. A habeas corpus petition allows a person in custody, pursuant to the judgment of a state or federal court, to petition the federal courts for relief based on a claim that he or she is in custody in violation of the United States Constitution. When a state imposes criminal sanctions on an individual, it must take the utmost care to ensure that the process leading to the conviction is fair and that the punishment is just. For this reason, the Institute points out, it is especially important that state prisoners be allowed to petition the federal courts for redress of claimed constitutional violations. If passed, the "Streamlined Procedures Act of 2005" would vastly curtail the opportunities for state prisoners to obtain federal habeas corpus review and would deprive the federal courts of their proper authority under Article III of the Constitution.
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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