What are some of the ways the AEDPA places restrictions on habeas corpus?
What will be an ideal response?
The first change to habeas corpus procedure resulting from the AEDPA is that review is permitted only when the state-level decision. Second, the AEDPA alters habeas review in capital cases (cases in which the accused is on death row). The AEDPA also places restrictions on filing successive habeas corpus petitions. It states that a "claim presented in a second or successive habeas corpus application shall be dismissed" (28 U.S.C. Section 2244[b][1]). The AEDPA further restricts filing successive petitions that raise different claims.
Next, the AEDPA imposes strict filing deadlines for habeas corpus petitions. Namely, most habeas corpus petitions must be filed within one year from the date of the final state-level appellate judgment. Another AEDPA restriction on habeas corpus, though certainly not the last, addresses the habeas court's ability to engage in independent fact-finding. The legislation prohibits a habeas court from holding hearings to determine questions of fact unless the petitioner can make a showing of why such a review is necessary.
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When does a search take place under the Fourth Amendment? Explain both elements of a search, and discuss pertinent cases
What will be an ideal response?
A protective factor is ______.
a. the capacity to adapt successfully to disturbances that threaten functioning or development b. found within the family and or community and can impact the ways in which children and teens process and understand exposure to violence c. an intervention that is designed to help a person who has developed unhealthy coping strategies such as smoking, abusing alcohol or drugs, or overeating d. a strengths-based framework that is grounded in an understanding of and responsiveness to the impact of trauma, that emphasizes physical, psychological, and emotional safety for both providers and victims, and that creates opportunities for victims to rebuild a sense of control and empowerment
In strict liability cases, the prosecution has to prove only that defendants committed a
a. involuntary act that caused harm
b. voluntary civil act that caused harm.
c. voluntary criminal act that caused harm.
d. voluntary mistake that caused harm.
What variable in Sampson and Groves' work refers to the percentage of residents who reported that disorderly teenagers were a very common neighborhood problem?
A) organizational participation B) residential stability C) socioeconomic composition D) supervisory capacity