Federal Habeas Corpus: Actual Innocence or Actual Indifference

Authors

Meganne Lee-Rogers, J.D., Duncan School of Law, Lincoln Memorial University

First & Last Page

176-207

Abstract

It is a fact that innocent people have been convicted of crimes they have not committed and sentenced to imprisonment or death. Habeas corpus is a long standing, fundamental right to challenge improper detention. While one intended use of habeas corpus was to seek release from custody due to innocence, federal law has made the process to obtain such relief nearly impossible.This Note explores the history of habeas corpus and its transformation of what it looks like in America today through the Antiterrorism and Effective Death Penalty Act (AEDPA). A specific focus is placed on the pitfalls created by the United States Supreme Court in interpreting the federal legislation. Currently, no real standards exist for an incarcerated person who is actually innocent to obtain habeas relief without strict compliance with AEDPA. This Note proposes a solution to that problem so no other innocent person is put to death for a crime they did not commit.

Recommended Citation

Meganne Lee-Rogers, J.D., Federal Habeas Corpus: Actual Innocence or Actual Indifference, 12 Lincoln Mem’l U. L. Rev. (2025).
Available at: https://digitalcommons.lmunet.edu/lmulrev/vol12/iss2/7