When can a habeas corpus proceeding resemble a criminal trial?

What will be an ideal response?


An appellate court reviewing a habeas corpus petition can engage in fact-finding under certain limited circumstances. The leading case in this area is Townsend v. Sain, 372 U.S. 293 (1963). The Supreme Court identified six specific circumstances in which a habeas court may engage in independent fact-finding:
(1) the merits of the factual dispute were not resolved in the state hearing; (2) the state factual determination is not fairly supported by the record as a whole; (3) the fact-finding procedure employed by the state court was not adequate to afford a full and fair hearing; (4) there is a substantial allegation of newly discovered evidence; (5) material facts were not adequately developed at the state court hearing; or (6) for any reason it appears that the state trier of fact did not afford the habeas applicant a full and fair hearing.

Criminal Justice

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With regard to the probable cause showing, the officer applying for a search warrant must only show probable cause that the items to be seized are connected with criminal activity

Indicate whether this statement is true or false.

Criminal Justice

Define illegitimacy adjustment.

What will be an ideal response?

Criminal Justice

According to the various professional groups, violence in television, music, video games, and movies

a. May lead to increased levels of violent behavior among children. b. May lead to decreased levels of violent behavior among children. c. May have no effect on levels of violent behavior among children. d. May lead to emotional sensitization toward violence in real life.

Criminal Justice

When does a researcher need to break confidentiality and report suspicions of child abuse?

a. When he or she does not have a Privacy Certificate or Certificate of Confidentiality b. The researcher must always report child abuse. c. When the child has been abused multiple times. d. When the child has been abused by a non-relative.

Criminal Justice