Question
Translate the second technical text from your lesson, the Statement of JUSTICE STEVENS, Into ordinary Engllsh usin
he steps provied In your lesson. First, define any unfamillar words. Then, write your paraphrase. Your answer shou
include your llst of definillons, followed by your summary.
he steps provied In your lesson. First, define any unfamillar words. Then, write your paraphrase. Your answer shou
include your llst of definillons, followed by your summary.
Ask by Mcdonald Schmidt. in South Africa
Jan 24,2025
Upstudy AI Solution
Tutor-Verified Answer
Answer
Definitions
- Writ of Certiorari: A request for the Supreme Court to review a lower court’s decision.
- Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA): A federal law that sets strict time limits for filing appeals and habeas corpus petitions.
- Custody: Being held in jail.
- Judgment: The final decision of a court.
- Habeas Corpus: A legal action to challenge imprisonment.
- Deferred Adjudication Probation: A court order that places a defendant on probation without immediately deciding guilt.
- Adjudication of Guilt: The official declaration that someone is guilty of a crime.
- Limitations Period: The time frame within which legal actions must be filed.
Summary
Justice Stevens is explaining why the Supreme Court declined to review a lower court’s decision. The AEDPA requires someone in jail based on a state court’s final decision to file a habeas corpus petition within one year after the judgment becomes final. The case is about whether a Texas court’s deferred adjudication probation order counts as a final judgment under this law. Essentially, deferred adjudication probation means the court delays deciding guilt and places the defendant on probation.
Solution
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Mind Expander
First, let’s break down the unfamiliar words and phrases:
- Writ of certiorari: An order by a higher court to review the decision of a lower court.
- Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA): A legislative act aimed at increasing penalties for terrorism and streamlining the death penalty process, including limitations on filing appeals.
- Habeas corpus: A legal procedure to challenge unlawful detention or imprisonment.
- Deferred adjudication probation: A type of probation where a defendant’s guilt is not formally decided, but they agree to certain terms instead.
Now, here’s the paraphrase:
Justice Stevens discusses a legal decision about the time limits imposed by a 1996 law, which states that people imprisoned because of a state court’s decision must request to challenge their imprisonment (through a habeas corpus petition) within one year after the court’s ruling becomes final. This particular case is focused on whether a specific type of probation in Texas, called deferred adjudication probation, counts as a legal judgment under this law. This probation allows someone to avoid a formal finding of guilt while still being under supervised conditions.
