Is the Writ of Habeas Corpus Effectively Dead in California?

• In Event: Roundtable: Courts and Sentencing

Abstract

Writs of Habeas Corpus, or "bring the body" as translated from Latin, is a concept dating back to at least Fourteenth-Century England. Constitutions of the United States and each sovereign state, including California, recognize the processes whereby people claiming to be unlawfully held or restrained by others, usually government actors such as prison wardens or jailers, may seek court intervention, calling for inquiries into the legality their detentions. In California, every county superior court has a system for processing such writs, which usually address issues of claimed wrongful convictions, unconstitutional prison or jail conditions, sentencing errors, custody credit errors, and a myriad of others. Although habeas corpus petitions are considered "extraordinary remedies" that are rarely granted, the question as to what extent California prisoners are obtaining any relief in its court systems for ostensibly valid claims? Are California courts effectively summarily denying all habeas corpus petitions? This article analyzes a statistically appropriate random sample of habeas petitions filed in Los Angeles County during 2015 and discusses the findings (Los Angeles County has the highest rate of habeas corpus filings in California).

Author

• Bruce Zucker, California State University, Northridge