The Body and the State

Habeas Corpus and American Jurisprudence

By Cary Federman | Publisher: State University of New York Press

About the book

The writ of habeas corpus is the principal means by which state prisoners, many on death row, attack the constitutionality of their conviction in federal courts. In The Body and the State, Cary Federman contends that habeas corpus is more than just a get-out-of-jail-free card—it gives death row inmates a constitutional means of overturning a jury's mistaken determination of guilt. Tracing the history of the writ since 1789, Federman examines its influence on federal-state relations and argues that habeas corpus petitions turn legal language upside down, threatening the states' sovereign judgment to convict and execute criminals as well as upsetting the discourse, created by the Supreme Court, that the federal-state relationship ought not be disturbed by convicted criminals making habeas corpus appeals. He pays particular attention to the changes in the discourse over federalism and capital punishment that have restricted the writ's application over time.

Editions of The Body and the State

Hardcover
ISBN 9780791467039
Paperback
ISBN 9780791467046
PDF
ISBN 9780791482025

Read an Excerpt

The writ of habeas corpus is the principal means by which state prisoners, many on death row, attack the constitutionality of their conviction in federal courts. In The Body and the State, Cary Federman contends that habeas corpus is more than just a get-out-of-jail-free card—it gives death row inmates a constitutional means of overturning a jury's mistaken determination of guilt. Tracing the history of the writ since 1789, Federman examines its influence on federal-state relations and argues that habeas corpus petitions turn legal language upside down, threatening the states' sovereign judgment to convict and execute criminals as well as upsetting the discourse, created by the Supreme Court, that the federal-state relationship ought not be disturbed by convicted criminals making habeas corpus appeals. He pays particular attention to the changes in the discourse over federalism and capital punishment that have restricted the writ's application over time.

Frequently Asked Questions

What is The Body and the State about?

The writ of habeas corpus is the principal means by which state prisoners, many on death row, attack the constitutionality of their conviction in federal courts. In The Body and the State, Cary Federman contends that habeas corpus is more than just a get-out-of-jail-free card—it gives death row inmates a constitutional means of overturning a jury's mistaken determination of guilt. Tracing the history of the writ since 1789, Federman examines its influence on federal-state relations and argues that habeas corpus petitions turn legal language upside down, threatening the states' sovereign judgment to convict and execute criminals as well as upsetting the discourse, created by the Supreme Court, that the federal-state relationship ought not be disturbed by convicted criminals making habeas corpus appeals. He pays particular attention to the changes in the discourse over federalism and capital punishment that have restricted the writ's application over time.

What core themes, tropes, or subjects are explored in The Body and the State?

Society and Social Sciences > Social services and welfare, criminology > Crime and criminology

Where can I read a sample of The Body and the State?

You can read an official preview of the few pages here https://www.book2look.com/book/9780791467039

How long is The Body and the State and how many pages does it have?

The Body and the State has 254 page(s)

Is The Body and the State part of a series, and can it be read as a standalone?

Yes it is a part of series SUNY series in American Constitutionalism

Who is/are the Author/s of the book The Body and the State?

Cary Federman

Who is the Publisher of the book The Body and the State?

State University of New York Press

What are the ISBN numbers for the physical and digital editions?

The Body and the State is available as hardcover(ISBN 9780791467039) and paperback(ISBN 9780791467046) and pdf(ISBN 9780791482025)

Where can I buy The Body and the State online or support local independent bookshops?

You can buy The Body and the State from below

Where can I buy The Body and the State?