Innocent of a Capital Crime: Parallels between Innocence of a Crime and Innocence of the Death Penalty

Authors

Ellen Kreitzberg, Santa Clara University School of LawFollow
Linda Carter, University of the Pacific McGeorge School of LawFollow

Document Type

Article

Publication Date

Winter 2006

Abstract

This analysis begins with an examination of the Court's Eighth Amendment jurisprudence and how this impacts the procedures that are required in a capital trial. Then we will present a brief review of habeas corpus law and the barriers that have been imposed to restrict federal court review of claims. We will explain how AEDPA modified the ability of a petitioner to get evidentiary hearings and imposed restrictions on the filling of second or successive petitions. Then, we will look at circumstances in which claims of innocence may be raised in a petition for habeas corpus. Finally, we will compare the standards for review when claims of innocence are standing alone as the primary constitutional claim with claims of innocence that are coupled with other constitutional violations at trial to see how it impacts a petitioner's ability to prove innocence.

Automated Citation

42 Tulsa L. Rev. 437 (2006-2007)