Explain how habeas corpus proceedings differ from direct appeals
What will be an ideal response?
A direct appeal is based on the record of what occurred at the trial court. The appellate judges have access to the complete transcripts of the case as well as the briefs of appellate counsel for both sides. Nothing outside that record can be considered. Habeas corpus proceedings, on the other hand, are initiated at the trial court level. After a review of the documents to verify that the case is appropriate for habeas corpus, a hearing is held and each side is entitled to call witnesses. Normal rules for cross examination apply. Unlike the appeal which is bound by the record of what has already happened, habeas corpus involves testimony of witnesses and the ability to ask new questions. Habeas corpus can also be used for issues relating to confinement, such failure to release inmate after completion of a prison term or continued confinement in a mental hospital after a psychiatric condition has improved, that develop after the trial has been completed.
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