Writ Of Habeas Corpus Form. Inmate Form: Fill & Download for Free

Except for Jose PadillaThat’s him being escorted blindfolded, with his hearing deadened. He was placed in total Solitary confinement after congress passed, and GW Bush signed a law suspending his writ of Habeas Corpus.and of course Thomas Silverstein. While Mr. Silverstein was housed at Leavenworthhe was kept in an apartment type cell with his own library, exercise bike, TV light control etc. He was kept that way because he was an extreme security risk. He has murdered both staff and other inmates.Padilla is presently housed at Florence and is back in contact with other inmates. Silverstein is now deceased.Solitary Confinement is not used. Given the amount of data confirming its significant negative effect on sanity, most places have stropped using isolation.Places overseas including CIA black sites? Outside our Court’s jurisdiction.BTW Norway does in fact use Solitary Confinement to keep prisoners like Anders Breivik isolated.EDIT- (10/10/2020)Are there still isolation cells used?There are 1,719 state prisons, 102 federal prisons, 3,280 local jails, 80 Indian Country jails, and over 940 juvenile correctional facilities, I cannot say that Solitary isn’t used as a punishment. Its just too large a country to say that. What I can tell you is I have only seen two individuals names that come up and were kept in Solitary Confinement. So its NOT common as Amnesty International would have you believe.Don’t forget Isolation is used when inmates have certain airborne transmittable diseases like TB, COVID etc. They would normally be housed in a medical unit under medical supervision until they were no longer contagious.Suicide Watch is also a form of isolation. One respondent mentioned that one state prison has a padded cell. But I could not find out is if an inmate was put into the padded cell for a Psychiatric medical condition or put there as punishment. Padded cells usually do NOT have toilets. So again its temporary, not lasting months or years on end.

In fact, according to current statistics, roughly 85% of all juveniles in the system are functionally illiterate. And a full 70% of America’s prisoners are unable to read and write above a 4th grade level. Consider this while you’re contemplating that. In 1996, when Clinton was co-opting the Republican’s “tough on crime” agenda, he and his cronies (with the aforementioned statistics in hand and in mind I think), passed a law called the A.E.D.P.A.; an acronym for Anti-Terrorist and Effective Death Penalty Act. That law was supposed to concern itself with hastening the death penalty for terrorists by providing a time frame for the filing of any appeals or writs. Instead, they included a provision in there that set a time limit for the filing of regular appeals by all prisoners. After we in California are convicted of a crime we have a right to an appeal. The State is required to provide us with an appellate attorney. Those appellate attorney’s are usually the worse kinds of attorneys. Can’t get a job with any other but the State because they are incompetent. Anyway, they usually come visit you once or twice to get your side of the story. They file your appeal after a few months in the next highest court. In California that is the California Court of Appeal. After it is denied there they MIGHT file a Petition for Review on your behalf in the California Supreme Court. Once THAT Petition is denied (and it’s denied in almost every case; there’s only about a 4% success rate), you are on your own. At that point the AEDPA gives a prisoner exactly one-year from the date of denial to file a Writ of Habeas Corpus. That is something a prisoner must do on his own unless his family has money. Most prisoner families have no money. So here they are with a 4th grade reading and writing level and they are expected to put together a comprehensive Writ using legal terminology and outlining any Constitutional claims properly. Then they have to know how and where to file in State court to exhaust their State court remedies. Once those claims are filed and denied in the Supreme Court of California they have to use different forms to file their appeals in the U.S. District Court (the first Federal Appellate Court), then the U.S. Court of Appeals for the Ninth Circuit and, lastly, the United States Supreme Court. Can you believe they expect someone who reads and writes on a 4th grade level, with minimal comprehension skills, to be able to do all this on their own? I couldn’t believe it either. Which led me to conclude that they passed that law to ensure that the greatest number of prisoners STAY convicted. It’s shameful, but I guess I understand why they did that.

USA Answer:Pretty much “Solitary”, real solitary confinement is a thing of the past. From time to time you will see ex-inmates who claim to have been in Solitary because they were on single cell status. That is NOT solitary either in practice or by definition.Exceptions? There are always exceptions. The two most recent?Jose Padilla:Kept isolated from all other inmate contact. His writ of Habeas Corpus was suspended by an act of Congress and signed by the President. He is wearing blinders and ear muffs to maintain his isolation during a movement.By 2012, Jose was convicted and is now housed at Florence, NOT in Solitary.Thomas Silverstein:Because he was viewed with a lot of justification to be very dangerous and violent he was housed in a specially designed cell at Leavenworth. He has access to TV, books, an exercise room. Still strictly speaking it meant the definition of Solitary Confinement. So, he filed a Writ of Habeas Corpus for relief.What happened? Well he was transferred to Florence and is NO LONGER in Solitary Confinement.