POST CONVICTION REMEDIES (CRJU)
2 credits. Lecture.
Prerequisites: Constitutional Law or Constitutional Law I and II; Criminal Law.

This course will introduce the student to the law and practice of post-conviction remedies. The course will give primary focus to the Writ of Habeas Corpus, the "Great Writ of Liberty." The course will begin with a treatment of the common law background to the Great Writ and then trace the doctrinal development of the law from the time of the adoption of the Habeas Corpus Act of 1867 through to passage of the Anti-Terrorism and Effective Death Penalty Act (AEDPA) of 1996. Topics considered will include: Habeas Jurisdiction, Meaning of the Custody Requirement, Exhaustion of Remedies, Procedural Default and other Defenses, State Post-Conviction Remedies, Successive Petitions, Abuse of the Writ, Statutes of Limitation, and the miscarriage of Justice Exception. Particular attention will be given to practice issues now arising under AEDPA and the impact on habeas law and practice of the U.S. government's recent use of military tribunals and detention without trial in the war on terror. Accountability will be accomplished through a take-home exam.