Antiterrorism and Effective Death Penalty Act

The Antiterrorism and Effective Death Penalty Act (AEDPA) was enacted by Congress in 1996. Its stated goals are to “deter terrorism, provide justice for victims, provide for an effective death penalty, and other purposes.” The AEDPA attempts to accomplish these objectives by reforming habeas corpus relief; providing tough, new penalties for terrorist activities; and improving alien removal procedures.

In the 1990s, international terrorism became a major concern during the administration of President Bill Clinton. Events such as the bombings of the Federal Building in Oklahoma City, Oklahoma, in April 1995; the Olympic park in Atlanta, Georgia, in July 1996; and the World Trade Center in New York City in February 1993; as well as the crash of TWA Flight 800 in July 1996 created apprehensions that terrorism was becoming rampant. The collapse of the Soviet Union in the early 1990s effectively dissipated the threat of communism: fear of terrorism took its place.

Enacted as Public Law 104-132, the AEDPA consists of nine major titles. Provisions of the act amend a great number of federal statutes. Title I substantially restricts the availability of habeas corpus relief. Habeas corpus is a civil remedy whereby a court orders a person detaining another person to present the body of the prisoner, or detainee, before the tribunal to determine the legality of the detention. The purpose of the writ is not a determination of guilt or innocence: it is solely to establish whether the individual is being lawfully detained. The writ is guaranteed by the U.S. Constitution, Article 1, Section 9 and by all state constitutions.

Convicted prisoners, especially those under an impending sentence of death, have long used the writ of habeas corpus as a final challenge to their incarceration. Title I of the AEDPA addresses what Congress perceived as an illegitimate use of the writ: delay of the final imposition of sentence, after all available appeals have been exhausted and no reasonable legal grounds for reversal exist. By amending several sections of title 28 of the United States Code, the AEDPA created new procedural hurdles and implemented a narrow time frame during which a person in custody could seek habeas corpus relief. These changes were intended to limit a prisoner's ability to challenge a sentence of death. The act also amended sections 2261–2266 of title 28 limiting the right of appeal in habeas corpus proceedings. In effect, the act created a statute of limitations on seeking habeas relief and severely limited the ability of federal courts to review a state court sentence.

The law was intended to provide greater justice for victims by making restitution mandatory for many [Page 542]federal crimes, including crimes of violence, crimes involving terrorism, offenses against property, and instances in which a victim has suffered physical or monetary harm resulting from the commission of a crime. It also provided for assistance to victims of terrorism and created jurisdiction in the federal courts for lawsuits against terrorist governments or groups.

Title III was designed to limit the financing of international terrorism by prohibiting fundraising for groups that sponsor such terrorism. It also prohibited financial or military assistance to terrorist governments and countries that aid terrorism or terrorist groups. This title vests power in the U.S. secretary of state to designate certain groups as terrorist by notifying Congress and publishing any such designation in the Federal Register. The Federal Register is published daily by the U.S. government, and it contains orders and proclamations released by the executive branch of the government. The designation remains in effect for two years. Only an act of Congress can revoke the secretary's determination. A designated group may challenge its designation in the U.S. Court of Appeals for the D.C. Circuit, but it must do so within 30 days of publication in the Federal Register. Additionally, title III required financial institutions to determine if funds were being used by terrorist organizations. Banks are required to report any transactions that may involve terrorist groups or face civil penalties. This section also provides for funding to other countries to assist in their antiterrorism efforts.

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