Title 28, Section 2225 of the United States Code - Motion to Vacate, Set Aside or Correct Sentence: Effective or Ineffective Aid to a Federal Prisoner?

21 Pages Posted: 6 Oct 2010

See all articles by George P. Smith

George P. Smith

Catholic University of America (CUA) - Columbus School of Law

Date Written: 1965

Abstract

This article places in historical perspective the enactment and administration by the federal courts of Section 2255 of the Judicial Code and concludes a prisoner’s basic right to attack, collaterally, a conviction is largely unimpaired by this legislation. Section 2255 was enacted not with the idea of enlarging the class of remedies already available to attack a conviction, but rather to provide that a proper attack upon an original conviction be made in the sentencing court and not in some other court through use of the writ of habeas corpus. Resort to habeas corpus is thus allowed only when the remedy by motion is inadequate and ineffective.

Suggested Citation

Smith, George P., Title 28, Section 2225 of the United States Code - Motion to Vacate, Set Aside or Correct Sentence: Effective or Ineffective Aid to a Federal Prisoner? (1965). Notre Dame Law Review, Vol. 40, No. 2, pp. 171-190, 1965; CUA Columbus School of Law Legal Studies Research Paper No. 2010-32. Available at SSRN: https://ssrn.com/abstract=1687736

George P. Smith (Contact Author)

Catholic University of America (CUA) - Columbus School of Law ( email )

3600 John McCormack Rd., NE
Washington, DC 20064
United States

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