Begin: 7/3/2023
Finished: 7/5/2023
Title: Post Conviction Remedies
Author: Michael G Santos
Why I Chose to read this book:
I like to educate myself about the legal system, structure, Barriers to Justice, Post conviction remedies, process, and how to navigate through the legal system. During my sentencing phase, I was not aware of all the Judicial Jargon that were used and after the sentencing hearing, I was left to fend for myself.
What I learned from this book:
This book lay out the meaning of Habeas Corpus, motions 2241 and 2255, and other Judicial Jargon used. The structure of the system: 50 states, the District of Columbia, the Military, and The Federal Government. It comprises the 53 criminal justice systems in the US. The Federal Judicial system includes 94 different Judicial districts. The District Court is also known as the trial court. There are 12 appellate or circuit courts: 1 – 11, plus the DC circuit court. The US supreme court is the highest in the US, nine supreme court justices preside over the Supreme Court. The Supreme Court only agrees to review cases that influence the country when a contradiction arises among the Circuit courts.
There are direct appeals in that the defendant must attack the legality of the conviction because of a matter the defendant did not know about at the time of the conviction. In collateral review or motion 2255, the defense attorney may have failed to provide a legal defense that meets the minimum standard to comply with the six amendments. The collateral motion attack challenges the legality of the conviction or sentence.
PLRA and AEDPA are barriers to justice. PLRA was passed to prevent frivolous lawsuits and to address lawsuits people in prison filed against prison and prison officials. it has a clause that requires the exhaustion requirement of the Administrative Review. It also limits the types of relief people can seek and it has a “qualifying Immunity”, making it very difficult to sue the BOP and its staff. The ADEPA limit when a person could bring a case under the 2255 statute. Habeas Corpus 2241 to challenge the legality of their detention. Challenge the legality of detention on various grounds: 1) BOP misclassifies a person’s eligibility for earned good time credit. 2) BOP exposing a person to cruel and unusual punishment. 3) BOP not providing adequate medical care. Then there’s The Executive Clemency where the president can pardon and provide relief to the justice-impacted person.
The various motions, direct appeals, 2241 and 2255 motions process usually takes a long time and it depends on the workload in each district. The 2241 is filed in the district where the prison is located. The 2255 is filed in the original district where the crime is charged and presided over by the same judge. Any person should have a good understanding of post-conviction strategies to be an effective self-advocate. Filing the appeal has a very low rate of success, takes a long time, resources, and lots of obstacles in the process. One has to weigh the pros and cons and the strength of the evidence before deciding which type of appeal they choose to pursue.
How reading this book will contribute to my success upon release:
This book teaches me about the judicial system and the appeal motion available. It gives me options if my rights are violated and the remedies to pursue. Knowledge of the judicial system will help me be a law-abiding citizen and avoid violating the law of the land after my release.
