Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

cause-and-prejudice rule

Read a random definition: executive power

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
renard99
14:18
^ find that rando in your circle and ask them where they've stored all their cycle letters
ReminiscentZestyFish
14:18
Vandy??
renard99
14:18
Possibly in a dark corner of the attic in a box
VANDY
soyalmondoatmilk
14:18
vandy A let's gooooo
all the Vandy
ReminiscentZestyFish
14:18
Aint no way
jackfrost11770
14:19
Wow that's awesome nothing from vandy
GreyCeaselessMammoth
14:19
what
GreyCeaselessMammoth
14:19
fuck
renard99
14:19
@soyalmondoatmilk: Congratulations!!!
jackfrost11770
14:19
I applied in November
jackfrost11770
14:19
Idk when the As did
GreyCeaselessMammoth
14:19
does anyone know if they usually release all at once or waht
nothing
jackfrost11770
14:20
Well I hope not otherwise I'm screwed
jackfrost11770
14:21
Anderson cooper PLEASEEEEE
For ED and their last wave of decisions it was an email all at once
GreyCeaselessMammoth
14:22
ugh
gonna go cry
jackfrost11770
14:22
Ugh
jackfrost11770
14:22
:(
ReminiscentZestyFish
14:23
Small ahh wave
GreyCeaselessMammoth
14:23
yeah the smallness of this wave makes me think there might be more to come? am i being crazy? only one wave a month it should be a tsunami rn
14:24
@jackfrost11770: chillll it still early in the cycle, especially relative to this and last yearrrr
its also still early in the day
i think theres def more waves todayu
StillDoingMyBest
14:25
do y'all think the lsat is easier or harder without the logic games
[] starfishies
14:25
ppl prob need a few minutes to update their results
pee pee poo poo
LSD+ is ad-free, with DMs, discounts, case briefs & more.