Withrow v. Williams, 507 U.S. 680, 19 (1993)

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698

WITHROW v. WILLIAMS

Opinion of O'Connor, J.

custody. . . . Although the wording of earlier statutory provisions has been changed, the basic question before the court to which the writ is addressed has always been the same: in the language of the present statute, on the books since 1867, is the detention complained of 'in violation of the Constitution or laws or treaties of the United States'?" Id., at 449 (dissenting opinion).

Nonetheless, we repeatedly have recognized that collateral attacks raise numerous concerns not present on direct review. Most profound is the effect on finality. It goes without saying that, at some point, judicial proceedings must draw to a close and the matter deemed conclusively resolved; no society can afford forever to question the correctness of its every judgment. "[T]he writ," however, "strikes at finality," McCleskey v. Zant, 499 U. S. 467, 491 (1991), depriving the criminal law "of much of its deterrent effect," Teague v. Lane, 489 U. S. 288, 309 (1989) (plurality opinion), and sometimes preventing the law's just application altogether, see McCleskey, supra, at 491. "No one, not criminal defendants, not the judicial system, not society as a whole is benefited by a judgment providing a man shall tentatively go to jail today, but tomorrow and every day thereafter his continued incarceration shall be subject to fresh litigation." Mackey v. United States, 401 U. S. 667, 691 (1971) (Harlan, J., concurring in part and dissenting in part); see also Mc-Cleskey, supra, at 492.

In our federal system, state courts have primary responsibility for enforcing constitutional rules in their own criminal trials. When a case comes before the federal courts on habeas rather than on direct review, the judicial role is "significantly different." Mackey, supra, at 682 (Harlan, J., concurring in part and dissenting in part). Accord, Teague, supra, at 306-308. Most important here, federal courts on direct review adjudicate every issue of federal law properly presented; in contrast, "federal courts have never had a similar obligation on habeas corpus." Mackey, supra, at 682

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