Title 28, Section 2255 of the United States Code: Motion to Vacate, Set Aside or Correct Sentence: Effective or Ineffective Aid to a Federal Prisoner?

Authors

George P. Smith II, The Catholic University of America, Columbus School of LawFollow

Document Type

Article

Publication Date

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.

Recommended Citation

George P. Smith II, Title 28, Section 2255 of the United States Code: Motion to Vacate, Set Aside or Correct Sentence: Effective or Ineffective Aid to a Federal Prisoner?, 40 NOTRE DAME L. REV. 171 (1965).