The principle of habeas corpus is among one of the most fundamental rights of those held in the custody of the U.S. Federal or state governments. While greatly overlooked over the past thirty years, habeas decisions are, in fact, a political process driven by political forces. I invoke Galanter's (1974) party capability study in an attempt to explain why certain petitioners end up receiving a writ while others are sent back their cells.
","abstract_html":"<p>The principle of habeas corpus is among one of the most fundamental rights of those held in the custody of the U.S. Federal or state governments. While greatly overlooked over the past thirty years, habeas decisions are, in fact, a political process driven by political forces. I invoke Galanter's (1974) party capability study in an attempt to explain why certain petitioners end up receiving a writ while others are sent back their cells.</p>","abstract_has_math":false,"creators":["Mostardo, Nicholas A."],"institution":null,"degree_name":"M.A.","degree_level":"Campus Access Thesis","degree_discipline":"Political Science","degree_department":null,"school":null,"contributors":["Kirk A Randazzo"],"advisors":[],"committee_chairs":[],"committee_members":[],"year":2012,"date_issued":"2012-01-01T08:00:00Z","date_published":"2012-01-01T08:00:00Z","updated_at":"2026-07-24T04:38:37Z","subjects":["Political Science","Social and Behavioral Sciences","Habeas Corpus","Judicial Politics","Party Capability","Public Law"],"languages":[],"rights":["© 2012, Nicholas A. Mostardo"],"rights_urls":[],"identifier_entries":[]},"links":{"outbound_url":"https://scholarcommons.sc.edu/etd/1787","outbound_label":"Repository record","outbound_source":"dc:identifier"},"metadata_groups":[{"id":"people","label":"People","entries":[{"key":"dc:contributor","label":"Contributor","values":["Kirk A Randazzo"]},{"key":"dc:creator","label":"Author","values":["Mostardo, Nicholas A."]}]},{"id":"academic_context","label":"Academic Context","entries":[{"key":"thesis:degree_discipline","label":"Discipline","values":["Political Science"]},{"key":"thesis:degree_level","label":"Degree Level","values":["Campus Access Thesis"]},{"key":"thesis:degree_name","label":"Degree Name","values":["M.A."]}]},{"id":"subjects_keywords","label":"Subjects and Keywords","entries":[{"key":"dc:subject","label":"Dc Subject","values":["Political Science","Social and Behavioral Sciences","Habeas Corpus","Judicial Politics","Party Capability","Public Law"]}]},{"id":"language_rights","label":"Language and Rights","entries":[{"key":"dc:rights","label":"Dc Rights","values":["© 2012, Nicholas A. Mostardo"]}]},{"id":"identifiers","label":"Identifiers","entries":[{"key":"dc:identifier","label":"Identifier","values":["https://scholarcommons.sc.edu/etd/1787"]}]},{"id":"additional","label":"Additional Metadata","entries":[{"key":"dc:description.abstract","label":"Abstract","values":["The principle of habeas corpus is among one of the most fundamental rights of those held in the custody of the U.S. Federal or state governments. While greatly overlooked over the past thirty years, habeas decisions are, in fact, a political process driven by political forces. I invoke Galanter's (1974) party capability study in an attempt to explain why certain petitioners end up receiving a writ while others are sent back their cells.
"]},{"key":"dc:title","label":"Title","values":["Capital offenses, Non-Capital offenses, and Party Capability: Habeas Corpus Litigation in U.S. District Courts"]}]}],"canonical_facts":{"dc:contributor":["Kirk A Randazzo"],"dc:creator":["Mostardo, Nicholas A."],"dc:description.abstract":["The principle of habeas corpus is among one of the most fundamental rights of those held in the custody of the U.S. Federal or state governments. While greatly overlooked over the past thirty years, habeas decisions are, in fact, a political process driven by political forces. I invoke Galanter's (1974) party capability study in an attempt to explain why certain petitioners end up receiving a writ while others are sent back their cells.
"],"dc:identifier":["https://scholarcommons.sc.edu/etd/1787"],"dc:rights":["© 2012, Nicholas A. Mostardo"],"dc:subject":["Political Science","Social and Behavioral Sciences","Habeas Corpus","Judicial Politics","Party Capability","Public Law"],"dc:title":["Capital offenses, Non-Capital offenses, and Party Capability: Habeas Corpus Litigation in U.S. District Courts"],"thesis:degree_discipline":["Political Science"],"thesis:degree_level":["Campus Access Thesis"],"thesis:degree_name":["M.A."]},"updated_at":"2026-07-24T04:38:37Z"}