Accession Number:

ADA456745

Title:

The Last Line of Defense: Federal Habeas Review of Military Death Penalty Cases

Descriptive Note:

Research thesis

Corporate Author:

JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA

Personal Author(s):

Report Date:

1994-04-01

Pagination or Media Count:

164.0

Abstract:

The thesis surveys the law that will govern federal habeas review of military death penalty cases. Presenting original research concerning the United States District Court for the District of Kansas military habeas practice, the author concludes that the scope of review currently used in habeas challenges to courts-martial convictions would not provide a condemned service member a meaningful opportunity to challenge his death sentence through federal habeas review. The author then examines the right to counsel during federal habeas review and concludes that while habeas petitioners under state and federal death sentences would have a guaranteed right to counsel, a military habeas petitioner would not. The thesis proposes legislation to address both of these limitations on meaningful federal habeas review of military death penalties.

Subject Categories:

  • Government and Political Science
  • Sociology and Law
  • Military Forces and Organizations

Distribution Statement:

APPROVED FOR PUBLIC RELEASE