Capital offenses, non-capital offsenses, and party capability: Habeas corpus litigation in U.S. district courts.

摘要

The principle of habeas corpus is among one of the most fundamental rights of those held in the custody of the U.S. Federal or state governments. While greatly overlooked over the past thirty years, habeas decisions are, in fact, a political process driven by political forces. I invoke Galanter's (1974) party capability study in an attempt to explain why certain petitioners end up receiving a writ while others are sent back their cells.