The Repeal of the Post-Conviction Provision(s) as Promulgated in the Anti- Terrorism and Death Penalty Act of1996
WHEREAS, the post-conviction review opportunities have been a bulwark of America's criminal justice system, where defendants were afforded judicial opportunities to realize ultimate fairness in the judicial proceedings and post conviction remedies through the establishment of the habeas corpus procedures, as applied under Title 28 U.S.C. 2255; and
WHEREAS, President Barack Obama, is on record as saying he will "review and consider the return of the habeas corpus to its original form"; and
WHEREAS, the Anti-Terrorism and Death Penalty Act of 1996 still exists and is being applied unfairly by limiting the scope of Title 28 U.S.C. 2254 and 2255, thus restricting a defendant's opportunity and ability to utilize the statutes to collaterally attack the constitutionally of his/her conviction after just one year from the time of the final judgment, irrespective of how egregious and/or unjust as a matter of law.
THEREFORE, BE IT RESOLVED, that the NAACP will work to amend the statutes to read "habeas corpus requests can be made at anytime" and also applied retroactively.