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The Law of Habeas Corpus

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The Law of Habeas Corpus 1

The Law of Habeas Corpus
Christina Hubbard
AIU Online

The Law of Habeas Corpus 2

Abstract

This paper will provide what Habeas Corpus means and the reason why prisoners need this law to use as a defense against the crime in which they were prosecuted for. I will discuss the cause for Habeas Corpus and the effects it has on a prisoner’s freedom. I will also discuss the Habeas Corpus Act of 1867 and Death Penalty 1996 and why they are so important to court system. Prisoners must exhaust all direct appeals before they can use the Habeas Corpus. This essay also will tell discuss why the courts don’t very often grant and overturn a prisoner’s conviction. Under the Constitutional Law it is stated that anyone prisoned in the United States has the right to a Habeas Corpus and can petition a court to hear their case and if there’s enough evidence the case may be reopened and tried again.

The Law of Habeas Corpus 3

Habeas Corpus also known as the “Great Writ,” is the most celebrated in the English Law that offers protection against illegal restraint or confinement to any person that is detained by the law. The law allows a person who is detained to legally request to go before a judge after all petitions has been exhausted to give evidence and have their case reopened if the judge thinks that it should be retried.
The Habeas Corpus Act was formed in 1679 to protect a person from the abusive detention of a person without legal authority. This means prisoners who have exhausted all their appeals can use this act to try to overturn their conviction because of the conduct of a judge prospector or defense attorney.
In 1867 the Habeas Corpus Act gave federal courts the right to issue Habeas Corpus writs to any person held in violation of the Constitution, a law or a treaty. (Gale Group, 2004) A state

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