Spring 2014
    Law No.: LAW7037
    Sched. No.: 114219178

Habeas Corpus
Section 1
Garrett, Brandon L.

Administrative Information:
During SIS enrollment, check on SIS for real-time enrollment numbers
Days, Times (Room):MW, 1000-1120 (WB103)
Capacity:44 **This information is current as of 04/23/2014 06:15:10 AM**
Current Enrollment:19 **This information is current as of 04/23/2014 06:15:10 AM**
Syllabus: View Syllabus (requires LawWeb account)

Course Description:

This course focuses on the remedies available to prisoners who have been convicted in violation of their constitutional rights. We will begin with an examination of “the Great Writ” -- the writ of habeas corpus – under which federal courts handle prisoners' claims of unconstitutional criminal convictions. We will explore the historical evolution of the writ of habeas corpus into a complex system of constitutional and procedural rules. Next we will study the impact of the 1996 Antiterrorism and Effective Death Penalty Act (AEDPA), which in turn intersects with Supreme Court decisions defining limits on habeas corpus, such as exhaustion, procedural default and non-retroactivity. We will consider principles of federalism, finality and due process, and roles played by class and race in the development of habeas doctrine. We will then study the nature of the Suspension Clause and the use of habeas corpus to remedy unlawful executive detention, including recent decisions relating to the War on Terror. Finally, we will examine how our post-conviction system addresses sources of criminal justice error, including unreliable eyewitness identifications, faulty forensic science, inadequate defense counsel, suppression of evidence, false confessions, and we will study possible reforms. We will conclude with a case study of the appeals brought by Earl Washington, Jr., a man who falsely confessed and came within days of execution in Virginia before being exonerated by DNA tests. This course may appeal to those hoping to clerk for a judge or to those considering practice criminal law as a prosecutor or criminal defense lawyer, but it is broadly of interest to those concerned with issues of criminal justice.