...Habeas Corpus POL 201 Instructor Burrus May 5th, 2014 Habeas Corpus Habeas Corpus has been around a very long time and has been very controversial as of late. With the war on terror and the many debates about the rights of said terrorists, it has become the spotlight amongst those who demand reform or better clarification of Habeas Corpus in terms of those deemed as enemies “without borders.” In this paper I hope to explain how Habeas Corpus came about as well as its historical purposes. Along those lines I hope to generally define the term/topic as well as how it protects civil liberties other than those aforementioned in this paragraph. Along with some specific examples and how it was suspended in certain scenarios, I will also analyze its relevance to terrorists, or those marked as enemy combatants. I will also shed some light on a few perspectives from scholarly resources. Habeas Corpus has been around since the 16th century back in England when there were still monarchies in power. It was created in order to get rid of what was called the “STAR chamber.” They were “controlled by the crown and held sessions in secret, meting out severe punishments.” (Funk & Wagnalls 2009) Habeas Corpus writs came about in 1641 due to unfair and unjust imprisonments in England. In America, we adopted habeas corpus from Europeans when we broke away in independence. It is a piece of our Constitution and is very clear to whom it applies to. The writ of Habeas Corpus was amended...
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...The Role of Habeas Corpus in America Jason S. Pulliam POL201 Cindy Campbell January 21, 2013 One of the founding guarantees that the United States is built upon is its right to fair court system and to be judged for any crime that you are suspected in committing. One of these rules which are considered a writ of habeas corpus is basically a law that guarantees that a person or persons that are charged with a crime in the United States shall be brought in front of a court or judge to have the case heard. And also to protect them against illegal imprisonment for the crime that is suspected to be committed. In 1215 when the Magna Carta was written by Nobles because of the abuse they were taking from the kings of their areas. It was written to set up rules to be governed by and allow the land owners to have rights under said Kings. One of these rules was. “No freemen shall be taken or imprisoned or disseized or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land” (1215). This is considered the earliest mention of the idea for what habeas corpus is built upon. In the United States in the US Constitution and the Bill of Rights amendment V states, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in...
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...Habeas Corpus: An Ancient Law Evolved POL 201: American National Government Habeas Corpus: An Ancient Law Evolved Habeas Corpus is a law that ensures that a person who is arrested or restrained is brought before a judge or court. Should there be a lack of evidence the prisoner will be released. Habeas Corpus can be sought by a prisoner or by the prisoner’s representation. Habeas Corpus has been said to be “the ultimate lawful and peaceable remedy for adjudicating the providence of liberty’s restraint.” (habeascorpus.net) Considering the fact that numerous people have suspended Habeas Corpus or have suspended it for certain individuals, is it still the “ultimate and peaceable remedy” that it used to be? Evolution of Habeas Corpus Habeas Corpus is an ancient common law which originates in England. The precise origin of Habeas Corpus in uncertain but it does appear to be mostly from an Anglo-Saxon origin. Habeas Corpus does date back to before the Magna Carta. (habeascorpus.net) The principle effect of Habeas Corpus was ultimately achieved in the Middle Ages. This was does by employing the use multiple writs. The sum of the writs essentially gave the same effect as the modern day Habeas Corpus. (habeascorpus.net) The Writ of Habeas Corpus was established to create a check of power for the state. It also preserved the rights of individuals from the arbitrary powers of the King, his Court, and his Counsel. (habeascorpus.net) Parliament enacted Habeas Corpus in 1679, codifying...
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...Krystle Barrows Habeas Corpus Final Paper American National Government (GSI1326K) Instructor Kuffel July 29, 2013 Habeas Corpus is an important article written into the constitution of the United States and is considered be the “great writ of liberty”. It was not originally written for the constitution but was adopted by the framers from their original home in Great Britain. In my paper I will talk about the meaning and history of Habeas Corpus including how Habeas Corpus and our civil liberties are interpreted and treated in regards to our constitutional rights as well as when congress determines it is lawful to suspend. Habeas Corpus is a writ that was formed as Habeas Corpus Act of 1679 and is used to keep and individual from being unlawfully imprisoned. The earliest version of Habeas corpus appeared in British’s Magna Charta (a Latin phrase means “Great Charter”) in 1215. In the history of Habeas Corpus, in the United States, Presidents had used their war-time executive order power to suspend Habeas Corpus Act of 1679 and/or declared martial law in some of the cases researched. According to the article Habeas Corpus in the Columbia Electronic Encyclopedia 6th edition (2011)” the writ of habeas corpus is Latin for you should have the body”. There are two important factors that go along with its Latin meaning. First, a writ is a document in a courts name to a jailor for example, to act or not act in some way. This writ is an order by judge to see a prisoner in the...
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...Habeas Corpus: Who has this Right? The term Habeas Corpus means that a prisoner has the right to question the legality of their imprisonment, not to determine the guiltiness or innocence of a prisoner. If the government is unable to prove to a court as to the reasoning behind holding in a jail, then the prisoner must be released. The term Habeas Corpus is derived from Latin meaning “You have the body.” According to the U.S. Constitution Article 1, Section 9, “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it” (U.S. Constitution Article 1, 2015). In recent years, since the start of the United States’ “War on Terror” many prisoners have been classified as combatants and as such have been placed into incarceration at the United States military base in Guantanamo Bay, Cuba. This has sparked many controversial cases to be directed to the U.S. District Courts of Appeal and the U.S. Supreme Court as many prisoners from Iraq and Afghanistan have been held at Guantanamo Bay without officially being charged with any crimes. In terms of habeas corpus, all combatant or illegal detainees deserve the right to have their case heard in federal court. When the colonists came over to the New World after leaving England, one of the things that they brought with them was copies of the Magna Carta. One of the activities given by King John in the Magna Carta was “‘No freeman shall be arrested or imprisoned...
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...Habeas Corpus Melvin Gresham 30 March 2013 American National Government A writ of Habeas Corpus as the book definition has it is that of a writ (legal action) that requires a person under arrest to be brought to a judge or into a court for a hearing to basically determine they are guilty of alleged crimes or not. It is a right given to every American so they can know that they are being treated fairly and that they are being given a fair trial. I am going to discuss in my paper how habeas corpus has been taken in some cases and how I can both agree and disagree with those reasons. Habeas corpus emerged in the middle ages in England as an instrument of royal prerogative. The King of England wanted to know why any of his subjects were being detained and if they were being detained for lawful reasons or not. It was a further attempt at formalizing and streamlining the legal process that emerged as the English monarchy was trying to wrest power away from feudal lords and barons. In 1679, the right was secured in the Habeas Corpus Act of 1679, which expanded it after several previous court cases that lessened its effect and availability (Halliday, 2010). The tradition as codified by this law travelled over the Atlantic and to the New World, where it became an integral part of American legal tradition as well. It was preserved both in Article One of the United States Constitution and in the Judiciary Act of 1789 (Wert, 2011). Habeas Corpus has been around for hundreds...
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...HABEAS CORPUS AND THE WAR ON TERROR POL 201 AMERICAN NATIONAL GOVERNMENT JEFFREY LONG JANUARY 27, 2014 September 11, 2001 has brought about many changes in the form of how the country protects itself from terrorists. In particular, how we handle individuals captured and labeled as enemy combatants. The United States Naval Station in Guantanamo Bay, Cuba(GITMO) is land leased to the United States under the Cuban-American Treaty of 1903 for the use of coaling and a Naval station. Since 2002, the naval base has operated a detention camp for alleged enemy combatants captured in Afghanistan, Iraq, and other places. Legal issues surrounding the imprisonment without due process is an argument that has continued since the opening of this facility. This essay will argue why the rights afforded by the Constitution should be afforded to detainees at GITMO in terms of habeas corpus. Habeas corpus is a demand by a court to a jailer to produce the prisoner and announce the charges(Levin-Waldman, 2012). Derived from English common law, habeas corpus first appeared in the Magna Carta of 1215 and is the oldest human right in the history of English-speaking civilization. The doctrine of habeas corpus stems from the requirement that a government must either charge a person or let him go free. The Bush administration’s decision to incarcerate enemy combatants at GITMO without habeas corpus has tested the scope and commitment of this constitutional right(Schultz, 2011). This right is...
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...Habeas Corpus And it’s Impact on Civil Liberties and Terrorism. Alson Watson Professor: Scot Wilson Politics 201 November 4, 2012 Introduction In times of national crisis civil liberties are sometimes abridged in exchange for greater security. The Framers, countenancing such an eventuality, granted to Congress the power to suspend the right to a writ of habeas corpus in times of rebellion or invasion. The war on terror has created many a rift in political, judicial and civil rights circles thus creating unique circumstances in regard to dealing with individuals detained due to acts of terrorism. The Habeas Corpus Act ensures that due process is given to those who believe they are innocent of charges set upon them. However those rights to habeas corpus are forfeited when they are found to be guilty of acts against the U.S and its territories and in so doing are not subject to the trials held in a civilian court whether they are citizens or not. In this paper I look to examine the meaning of habeas corpus, its placement in the constitution and its impact on modern society’s laws, civil liberties and political/judicial stances. What is Habeas Corpus? HABEAS CORPUS is a term that was originated in the English legal system and is an important legal instrument in safeguarding individual freedom against arbitrary state action. The writ (legal action) is issued in form of an order calling upon a person by whom another person is detained to bring that person before...
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...Running head: CORPUS 1 Suspension of Habeas Corpus Linda Nance POL 201 – American National Government Instructor: Jamie Way August 12, 2013 Running head: CORPUS 2 Suspension of Habeas Corpus Introduction: According to the United States Constitution, a prisoner has the right to appear in court to find out the reason that they are being detained. If the prisoner feels that they are being detained unlawfully, they can file a petition, with the help of legal counsel, to the court in order to have their case heard. This action is called a Writ of Habeas Corpus. This procedure helps to keep the government from detaining an individual without just cause. The judge will only hear whether or not the prisoner’s rights were infringed upon. If the prisoner’s rights were violated, the judge could ultimately set him free (Starrs, 2007). However, in the case of war time prisoners, if those individuals are not United States citizens, they are may not be given the same civil liberties as an American would be. In the current war on terror, it has been debated whether or not the prisoners who are being detained should be given the same rights to Habeas Corpus as anyone else would. Should these individuals be held for an indefinite amount of time, are they entitled to the same “due process of law” as it states in the 5th amendment of the U.S. Constitution, or will their right of Habeas Corpus be suspended because of the events leading up their arrest...
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...Liberties, Habeas Corpus, and the War on Terror Robin Blankenship POL201: American National Government (GSI1325J) Instructor Amy Lyons January 22, 2013 In our Nation’s history, we have to consider the legality of the Government’s concerning our civil liberties. The habeas Corpus Act and the War on Terror are full of facts and issues that have brought me to address areas that cover the historical evolution, the suspension of habeas corpus, the importance of this act and the evaluation from different perspectives such as the media and the U.S. Supreme Court. Habeas Corpus is a most extraordinary court order of the judges’ power over a human being. “The Habeas Corpus Act passed by Parliament in 1679 guaranteed this right in law, although its origins go back much further, probably to Anglo-Saxon times. It is Latin for "you may have the body” It is a writ which requires a person detained by the authorities be brought before a court of law so that the legality of the detention may be examined.”(BBC NEWS) Habeas Corpus stemmed from the legal traditions of English law, and the Framers of the United States acknowledged the importance of the law. The United States followed and studied this tradition focusing mainly on the effects of the American Civil War, adopting it as “The Privilege of the writ of Writ of Habeas Corpus shall not be suspended unless when in cases of Rebellion or Invasion the public Safety may require it.”(Revised 9/11) Habeas Corpus is in direct protection...
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...Habeas Corpus: The Writ of the People Anela Murillo POL 102 Brent Schindler March 18, 2013 Habeas Corpus: The Writ of the People English in origin, the concept of habeas corpus literally means “that you have the body,” meaning that the court can force the police to produce a prisoner before them for review of their case. While complex in its use, a writ of habeas corpus forms the foundation for the rights of the accused since it allows one branch of the government (the courts) to check and balance the actions of another (the police) in criminal proceedings. And yet, while habeas corpus has been maintained as a fundamental right of the imprisoned, this protection has been tampered with in our history, making habeas corpus sometimes a casualty of our desire for security during times of crisis. Under the law of England, as a result of long usage, the term came to signify a prerogative writ; a remedy with which a person unlawfully detained sought to be set at liberty. It is mentioned as early as the fourteenth century in England and was formalised in the Habeas-corpus Act of 1679. The privilege of the use of this writ was regarded as a foundation of human freedom and the British citizen insisted upon this privilege wherever he went whether for business or colonisation. This is how it found a place in the Constitution of the United States when the British colonies in America won their independence and established a new State under that Constitution. In India, under the Constitution...
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...The Writ of Habeas Corpus and the War on Terror Charles Chamberlin POL201 Prof. Jason Weinerman 5/12/14 Introduction The basic right to question the government and hold it accountable is a basic hallmark of American Government. The right of the individual to question those in power, whom, according to the US Constitution, are there to represent and/or serve the public, is what makes the American construct unique. Our strength as a nation is manifested in the fact that we even treated our enemies within the rule of the law, even when the Great Writ was suspended. The Writ of Habeas Corpus which is the right to question and challenge the grounds in which our government holds a sovereign free American citizen against their will, is among our most basic fundamental rights. In the following pages, we will explore the history and what has caused us to stray from this ideal and, perhaps, instill the idea in the reader that all American citizens and aliens detained under suspicion, no matter the circumstance, must be treated justly. History of Habeas Corpus The right for...
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...HABEAS CORPUS TERESA WATSON AMERICAN NATIONAL HISTORY PROFESSOR BRENT SCHINDLER FEBUARY 4, 2013 Habeas Corpus in its most familiar form has played an important role in “Anglo American history as a safe guard of individual liberty. It is defined as being a writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time and a specified place for a specified purpose. In contemporary practice, the writ is most commonly used to challenge the legality of criminal convictions and sentence, though it is also used to challenge the legality of custody in other settings, including immigration, mental health, and military contexts. The availability of habeas relief was that the center of the struggle between Crown and Parliament in the 17th century, when parliament objected to lawless detentions from which no judicial remedies was forth coming. Infamous deprivations of liberty led to extensive criticism and protest, as English citizens were often held for significant periods without trial and without recourse. Ultimately, parliament prevailed with the enactment of the Habeas Corpus act of 1979, which specifically authorized habeas corpus required habeas relief under certain circumstances with substantial penalties for non compliance (Encyclopedia.com) The English protection of the writ of habeas corpus was quite influential during the framing period of the United States, with both states...
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...Habeas Corpus POL201: American National Government Instructor: Paul Edleman Kimberly Rice December 17, 2012 Habeas Corpus in Latin, means, “You have the body.” In this paper I intend to inform the reader of the meaning of Habeas Corpus and its relationship to our civil liberties. I will also cover the revolution of habeas corpus; both the English and American traditions that have affected habeas corpus will be covered also. I will talk about the influence that the new threats of war on terror and the consequential changes of law that have affected habeas corpus currently. The general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties is that habeas corpus protects a prisoner and it also allows a prisoner to indicate that his/her constitution guarantees rights to a fair trial. Habeas corpus is a writ that was formed as a Habeas corpus Act in 1679 and is used to keep an individual from being unlawfully imprisoned. Habeas corpus is very important when it comes to the prisoners questioning why they are being held or imprisoned. There are five writs; the first writ is the petition for habeas corpus which is when a prisoner raises doubt about the legality of his/her imprisonment. Next is writ of habeas corpus, which is the order to be brought to court. Then there is Mandamus, which in Latin, means, “We Command”. This is an order from the Supreme Court or High court to lower court or tribunal...
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...Habeas Corpus: Then and Now. Chasing Freedom Down the Rabbit Hole Robert W. Echols AIU Online ENGL106-1201B-226 English Composition Abstract Habeas Corpus is one of the fundamental protections guaranteed to Americans by the Constitution of the United States of America. This essay will describe the original intent of the writ, the transformations the writ has undergone, and the modern-day implementation of The Great Writ of Habeas Corpus. The essay will also explore how dangerous the practice of denial of this right can be to the freedom against unlawful detainment of people subject to United States civil and criminal law. Habeas Corpus: Then and Now. Chasing Freedom Down the Rabbit Hole Freedom. What an indescribable term. Is it merely a feeling or is it something more tangible? False Imprisonment. Now that is something more noticeable. The Great Writ of Habeus Corpus has been part of the judicial system since the Magna Carta! It is this writer's intent to show the reader how Habeas Corpus has been incorporated into the United States of America's Constitution and how it has changed since being written into law by the implementation of the Habeas Corpus Act of 1679; Interesting usage of Habeas Corpus will be explored throughout the reader's journey down the rabbit hole. The phrase “Habeas Corpus” is an ancient common law prerogative instrument dating back to the Magna Carta. Though not specifically written in this great charter, Habeas Corpus is implied by...
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