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The Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, (also known as AEDPA) is an act of Congress signed into law on April 24, 1996. The bill was introduced by former Senate Majority Leader Bob Dole, passed with broad bipartisan support by Congress (91-8 in the United States Senate, 293-133 in the House of Representatives) following the 1990s World Trade Center and Oklahoma City bombings, and signed into law by President Bill Clinton. Although controversial for its changes to the law of habeas corpus in the United States (Title I), upheld in ''Felker v. Turpin'', , the AEDPA also contained a number of provisions to "deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes" in the words of the bill summary. Provisions include #providing restitution/assistance for victims of terrorism (Title II), #designation of foreign terrorist organizations and prohibitions on funding (Title III), #removal or exclusion of alien terrorists and modifications of asylum procedures (Title IV), #restrictions on nuclear, biological, or chemical weapons (Title V), #implementation of the plastic explosives convention (Title VI), #changes to criminal law involving terrorist (or explosives) offenses, including increased penalties and criminal procedures changes (Title VII), #commissioning a study to determine the constitutionality of restrictions on bomb-making materials (Title VII - A - Sec. 709), #funding changes and jurisdiction clarifications for law enforcement related to terrorism threats (Title VIII), #and miscellaneous provisions in Title IX. ==Habeas corpus== The AEDPA had a tremendous impact on the law of habeas corpus in the United States. One provision of the AEDPA limits the power of federal judges to grant relief unless the state court's adjudication of the claim resulted in a decision that was #contrary to, or involved an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States; or #based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. In addition to the modifications that pertain to all habeas cases, AEDPA enacted special review provisions for capital cases from states that enacted quality controls for the performance of counsel in the state courts in the post-conviction phase. States that enacted these quality controls would see strict time limitations enforced against their death-row inmates in federal habeas proceedings coupled with extremely deferential review to the determinations of their courts regarding issues of federal law. Only Arizona has qualified for these additional provisions, but it has not been able to take advantage of them because it has not followed its own procedures. Other provisions of the AEDPA created entirely new statutory law. For example, the judicially created abuse-of-the-writ doctrine had restricted the presentation of new claims through subsequent habeas petitions. The AEDPA replaced this doctrine with an absolute bar on second or successive petitions. Petitioners who attempted to bring claims in federal habeas proceedings that have already been decided in a previous habeas petition would find those claims barred. Additionally, petitioners who had already filed a federal habeas petition were required to first secure authorization from the appropriate federal court of appeals. Furthermore, the AEDPA took away from the Supreme Court the power to review a court of appeals's denial of that permission, thus placing final authority for the filing of second petitions in the hands of the federal courts of appeals. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Antiterrorism and Effective Death Penalty Act of 1996」の詳細全文を読む スポンサード リンク
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