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Simple English definitions for legal terms

cause-and-prejudice rule

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A quick definition of cause-and-prejudice rule:

Cause-and-Prejudice Rule: In criminal law, if a prisoner wants to challenge their conviction based on a constitutional issue, they must first show that the issue was not available during their trial or that they could not have found it earlier. Then, they must prove with clear evidence that if the constitutional error had not happened, they would not have been convicted. This rule is an exception to the usual procedure and is meant to prevent prisoners from making baseless claims.

A more thorough explanation:

The cause-and-prejudice rule is a legal doctrine in criminal law that applies to prisoners who are petitioning for a federal writ of habeas corpus based on a constitutional challenge. This rule requires the prisoner to demonstrate two things:

  1. The claim is based on either a new rule of constitutional law that was not available during the state court proceedings or a fact that could not have been discovered earlier despite due diligence.
  2. If the constitutional error had not occurred, the prisoner would not have been convicted, and this must be proven by clear and convincing evidence.

For example, if a prisoner is claiming that their conviction was based on an unconstitutional search and seizure, they must show that the search and seizure violated a new rule of constitutional law or that the evidence could not have been discovered earlier despite due diligence. They must also prove that if the evidence had not been obtained through the unconstitutional search and seizure, they would not have been convicted.

The cause-and-prejudice rule is an exception to the procedural-default doctrine, which means that federal courts cannot grant relief on the basis of a constitutional challenge that was not presented at trial unless the prisoner can show good cause for failing to make the challenge at trial and that the trial court's error actually prejudiced the prisoner. Before 1996, the cause-and-prejudice rule allowed federal courts to grant relief on this basis.

causator | cause célèbre

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babycat
16:00
@shaquilleoatmeal: I’ll stop by just for you. I gotta grind out some of my last essays tn.
shaquilleoatmeal
16:02
@soyalmondoatmilk: im weak af, can't handle that spicy cashew lmao
shaquilleoatmeal
16:03
@babycat: 😘 see you in a bit, grind out those essays before you hop back on
shaquilleoatmeal
16:04
appreciate the non wink since you didn't appreciate it them then lol
babycat
16:06
I'll do it for you ;)
16:06
Tough to justify attending a law school where the admissions office does epic resistance political commentary at the info session
BulbasaurNoLikeCardio
16:07
making me feel jealous here wow, I am about to go taste test a bunch of deserts for our baby shower this weekend.
BulbasaurNoLikeCardio
16:07
@milktoast: what school got political at an info session?
shaquilleoatmeal
16:11
nothin to be jealous about, i've been trying to slide into babycats dms but shes got a long line I guess I gotta wait in to see if I can get in lmao
babycat
16:11
omg if you get into ASU they give you travel expense reimbursement to go there for a visit. does anyone know which other schools do this? I'd love to get a comped vacation
shaquilleoatmeal
16:12
think BU gives you $300 or somethin
ClassyPleasantHeron
16:12
Where is ASU getting this kind of $$$ from? They waive CAS fees too.
babycat
16:13
@shaquilleoatmeal: yeah but then you have to go to Boston :(
shaquilleoatmeal
16:14
uva too
shaquilleoatmeal
16:14
whats wrong w boston ;(
GOT PROMOTED YAY how do i tell law schools abt this?
like do i type up and separate doc and send as an attachment? how much do i write?
shaquilleoatmeal
16:15
@jackfrost11770: LFGGGG
TYYYYYY
shaquilleoatmeal
16:16
do any of your schools have updated sections in the portal? If so, i'd upload there, if not email. Small paragraph should do it id think
1a2b3c4d26z
16:16
Who wanna play some operation metro later on
1a2b3c4d26z
16:16
Congrats jack!
thank you!!
babycat
16:16
@jackfrost11770: personally I would submit an updated resume reflecting the new position instead of a paragraph but idk what SOP is
getting a bacon egg and cheese in celebration
1a2b3c4d26z
16:18
lfg baby you earned that
babycat
16:20
also congrats!! big win
initiallaw
16:23
congrats!!
:D
the big W is that i get reimbursed for travel now thank GOD
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