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Antiterrorism and Effective Death Penalty Act of 1996

The Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, (also known as AEDPA) is an Act of Congress signed into law on April 24, 1996. The bill was introduced by then-Senate Majority Leader Bob Dole, passed with broad bipartisan support by Congress (91-8-1 in the United States Senate, 293-133-7 in the House of Representatives) following the Oklahoma City bombing, and signed into law by President Bill Clinton.^[1]^[2]

History

The bill was introduced by then-Senate Majority Leader Bob Dole, passed with broad bipartisan support by Congress (91-8-1 in the United States Senate, 293-133-7 in the House of Representatives) following the Oklahoma City bombing, and signed into law by President Bill Clinton.^[1]^[2]

Soon after it was enacted, AEDPA endured a critical test in the Supreme Court. The basis of the challenge was that the provisions limiting the ability of persons to file successive habeas petitions violated Article I, Section 9, Clause 2 of the US Constitution, the Suspension Clause. The Supreme Court held unanimously in Felker v. Turpin, 518 U.S. 651 (1997), that these limitations did not unconstitutionally suspend the writ.

In 2005, the Ninth Circuit indicated that it was willing to consider a challenge to the constitutionality of AEDPA on separation of powers grounds under City of Boerne v. Flores and Marbury v. Madison,^[3] but has since decided that the issue was foreclosed by circuit precedent.^[4]

Summary

Title I - Habeas Corpus Reform

AEDPA heavily reformed habeas corpus in the United States, narrowing the circumstances under which a federal or state prisoner may appeal a federal or state district court's denial of petition for habeas relief. A one year deadline for state prisoners to file a federal habeas petition was established, and a one year statute of limitations was imposed. Repetitious habeas petitions were prohibited, and federal courts were permitted to dismiss petitions and bar habeas relief on a claim already passed by a state court unless the decision was illegal or disregarded presented evidence.

The confidential nature of the habeas request and the approval of certain services available to poor death row inmates were eliminated. State prisoners were required to use every possible opportunity for state remedial action before federal habeas relief could be granted. Thus, federal habeas procedures were streamlined for death row inmates who could not afford their own legal representation.

Title II - Justice For Victims

Title II has three subsections: Mandatory Victim Restitution, Jurisdiction for Lawsuits Against Terrorist States, and Assistance to Victims of Terrorism.

Federal courts were authorized to order restitution for violent felonies against property including fraud, tampering with consumer products, or controlled substances offenses which involved physical injury or property loss. A single procedure for issuing these restitution orders was established, as was a set of procedures for payment and enforcement of restitution. Any special assessments that had been imposed as part of sentencing for felony convictions were increased.

Foreign governments which engage in torture, murder, aircraft sabotage, hostage taking, or providing material support for terrorist acts may be sued as the result of subsequent injury or death of American citizens. A ten year statute of limitations was established for such law suits.

Grants were provided to states to compensate and assist victims of terrorism. American residents who became victims of terrorism overseas were made eligible for compensation. Payment to a person who owed money for conviction in a federal crime was prohibited. Any criminal trial held more than 350 miles from where the events which are the subject of the trial occurred must be covered by closed circuit television.

Title III

A procedure was established for designating foreign organizations that engage in terrorist activities that threaten the national defense, foreign relations, or economic interests as foreign terrorist organizations.
Providing support to a foreign terrorist organization was outlawed.
Support for terrorist crimes except to provide medicine and religious material was prohibited.
Providing any assistance to a country deemed a terrorist country was prohibited, unless such assistance is in the best interest of the Unites States.

Title IV

Title V

Title VI

Title VII

Title VIII

Title IX

Reception

While those in favor of the bill say that the act prevents those convicted of crimes from "thwart[ing] justice and avoid[ing] just punishment by filing frivolous appeals for years on end,"^[5], critics argue that the inability to make multiple appeals increases the risk of an innocent person being killed.^[6]

References

^ ^a ^b Lundin, Leigh (2009-06-28). "Dark Justice". Criminal Brief.
^ ^a ^b Holland, Joshua (2009-04-01). "A Tale of Two Justice Systems". AlterNet. Prison Legal News. Retrieved 2009-06-29.
^ "http://www.scotusblog.com/2005/05/is-aedpa-unconstitutional/"
^ http://caselaw.findlaw.com/summary/opinion/us-9th-circuit/2007/03/06/148143.html
^ http://www.gpo.gov/fdsys/pkg/CREC-1996-04-17/pdf/CREC-1996-04-17-pt1-PgS3454.pdf
^ http://www.democracyinaction.org/dia/organizationsORG/ncadp/news.jsp?news_item_KEY=3258

External links

Text of the Act, also in PDF
Timeline of Passage
Antiterrorism and Effective Death Penalty Act of 1996: A Summary, Charles Doyle, American Law Division, Federation of American Scientists, June 3, 1996.

Online Article Sources

[CB1-1] Lundin, Leigh (2009-06-28). "Dark Justice". Criminal Brief.

[PLN-2] Holland, Joshua (2009-04-01). "A Tale of Two Justice Systems". AlterNet. Prison Legal News. Retrieved 2009-06-29.

[3] "http://www.scotusblog.com/2005/05/is-aedpa-unconstitutional/"

[4] ttp://caselaw.findlaw.com/summary/opinion/us-9th-circuit/2007/03/06/148143.html

[CREC1-5] ttp://www.gpo.gov/fdsys/pkg/CREC-1996-04-17/pdf/CREC-1996-04-17-pt1-PgS3454.pdf

[6] ttp://www.democracyinaction.org/dia/organizationsORG/ncadp/news.jsp?news_item_KEY=3258

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@@ Line 11: / Line 11: @@
 ==Summary==
-===Title I===
+===Title I - Habeas Corpus Reform===
+AEDPA heavily reformed [[habeas corpus in the United States]], narrowing the circumstances under which a federal or state prisoner may appeal a federal or state district court's denial of petition for habeas relief. A one year deadline for state prisoners to file a federal habeas petition was established, and a one year statute of limitations was imposed. Repetitious habeas petitions were prohibited, and federal courts were permitted to dismiss petitions and bar habeas relief on a claim already passed by a state court unless the decision was illegal or disregarded presented evidence.
-*A one year deadline for state prisoners to file a federal habeas petition was established.
-*The circumstances under which a federal or state prisoner may appeal a federal or state district court's denial of petition for habeas relief were narrowed.
-*Federal courts were permitted to dismiss groundless petitions and bars federal habeas relief on a claim already passed by a state court unless the decision was illegal or disregarded presented evidence.
-*State prisoners were required to use every possible opportunity for state remedial action before federal habeas relief could be granted.
-*A one year statute of limitations and limitations of successive petitions were imposed.
-*Repetitious habeas petitions were prohibited.
-*Federal habeas procedures were streamlined for death row inmates who could not afford their own legal representation.
-*The confidential nature of the habeas request and the approval of certain services available to poor death row inmates were eliminated.
-===Title II===
-*Federal courts were authorized to order restitution.
-*Mandatory restitution was established for violent felonies against property including fraud, tampering with consumer products, or controlled substances offenses which involved physical injury or property loss.
-*A set of procedures for payment and enforcement of restitution was established.
-*A single procedure for issuing restitution orders was established.
-*Special assessments imposed as part of sentencing for felony convictions were increased.
+The confidential nature of the habeas request and the approval of certain services available to poor death row inmates were eliminated. State prisoners were required to use every possible opportunity for state remedial action before federal habeas relief could be granted. Thus, federal habeas procedures were streamlined for death row inmates who could not afford their own legal representation.
-*Foreign governments which engage in torture, murder, aircraft sabotage, hostage taking, or providing material support for terrorist acts may be sued as the result of subsequent injury or death of American citizens.
-*A ten year statute of limitations was established for such law suits.
+===Title II - Justice For Victims===
-*Grants were provided to states to compensate and assist victims of terrorism.
+Title II has three subsections: Mandatory Victim [[Restitution]], Jurisdiction for Lawsuits Against [[Terrorist States]], and Assistance to Victims of [[Terrorism]].
-*American residents who became victims of terrorism overseas were made eligible for compensation.
-*Payment to a person who owed money for conviction in a federal crime was prohibited.
+Federal courts were authorized to order restitution for violent felonies against property including fraud, tampering with consumer products, or controlled substances offenses which involved physical injury or property loss. A single procedure for issuing these restitution orders was established, as was a set of procedures for payment and enforcement of restitution. Any special assessments that had been imposed as part of sentencing for felony convictions were increased.
-*Any criminal trial held more than 350 miles from where the events which are the subject of the trial occurred must be covered by closed circuit television.
+Foreign governments which engage in torture, murder, aircraft sabotage, hostage taking, or providing material support for terrorist acts may be sued as the result of subsequent injury or death of American citizens. A ten year statute of limitations was established for such law suits.
+Grants were provided to states to compensate and assist victims of terrorism. American residents who became victims of terrorism overseas were made eligible for compensation. Payment to a person who owed money for conviction in a federal crime was prohibited. Any criminal trial held more than 350 miles from where the events which are the subject of the trial occurred must be covered by closed circuit television.
 ===Title III===
 *A procedure was established for designating foreign organizations that engage in terrorist activities that threaten the national defense, foreign relations, or economic interests as foreign terrorist organizations.