...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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...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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...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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...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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...Civil 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...
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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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...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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...Writ of Habeas Corpus Jose A. Gonzalez POL 201 Antonio Quirante September 24, 2012 Writ of Habeas Corpus Habeas Corpus demands a court to a jailer to produce the prisoner and announce the charges (Levin-Waldman, 2012). Habeas Corpus is an ancient common law that applies to all Americans and anybody in the United States at the time of their arrest. It is a legal procedure that requires a person to be brought in front after the have been arrested/ taken into custody. This is done so that the government to show cause to why the liberty of that person is being taken away and to let the person know what they are being charged with. Habeas Corpus is fundamental to American and all other English common law derivative systems of jurisprudence. It is the ultimate lawful and peaceable remedy for adjudicating the providence of liberty’s restraint (http://www.slate.com). History of Habeas Corpus The history of Habeas Corpus is an ancient law that has been used since the middle ages. It appears to be predominately of Anglo-Saxon common law origin but the exact origins are not really known. Even though the origin of Habeas Corpus is unknown it has been used in Europe for centuries. Its principle that has been used since the middle ages by various writs (http://www.slate.com). Habeas Corpus has evolved and changed a bit over the years, but it has basically remained the same. Habeas Corpus states that a person who has been arrested or in custody be brought before a court...
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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...
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...The beginnings of habeas corpus can be traced to the year 1215 in the 39th article of the Magna Carta signed by King John, which says that: "No man may be restrained or confined except by the lawful declaration of his peers or by the decree of the land" (Rohde, S 2010). At first, habeas corpus was a resource used to summons an individual before the courts. However, by the turn of the 14th Century, higher courts were using the Writ of Habeas Corpus as a way of examining the surroundings of an individual’s confinement by the lower courts (Farrell, B 2009). By the end of the 16th Century, the courts were using habeas corpus as a way to make inquiries into the imprisonments of individuals ordered by the King’s Council. (Duker, W 1980) During the course of the 17th Century, Parliament looked for a way to reinforce habeas corpus and bring the King’s actions inside of its parameter, resulting in the Habeas Corpus Act of 1679. The government had considered suspending habeas corpus as early as November and December of 1792, following reports of radical meetings and incidents of rioting having broken out in the Midlands, East Anglia, the north-east and Scotland, as well as the French legislature's "fraternal" decree offering aid to all peoples seeking to throw off the chains of tyranny. The Suspension of Habeas Corpus Act was passed on 7 May 1794 and habeas corpus was suspended on 16 May 1794. The suspension lasted from May 1794 to July 1795 and again from April 1798 to March 1801. (British...
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...HABEAS CORPUS AND THE WAR ON TERROR Renita Redding Instructor: Cindy Campbell POL 201 April 27, 2015 A writ of habeas corpus is a judicially enforceable order issued by a court of law, this orders that is given to a prison officer, that orders a prisoner to brought to court to determine if the prisoner has been justly imprisoned and should the prisoner be released from prison. This order takes place by a prisoner petitioning the courts for a hearing about his imprisonment. According to The Constitution of the United States of America, it is the right of a prisoner to show evidence to prove that they have been unjustly imprisoned. The sole purpose of the habeas corpus was to ensure that the government from holding a prisoner indefinitely without being charged or taken before a judge. Our forefathers believed that habeas corpus was so important that they made provisions for it in the first article of the United States Constitution. This paper will explore habeas corpus and the war on terror. Historians believe that the first time the term “habeas corpus” was known was around 1305 in England. It is thought to have been a part of the Magna Carta, signed into law by King John. The original wording of Article 39 of the Magna Carta, stated, “No freeman shall be taken, or imprisoned, or disseized, or outlawed, or exiled, or in any way harmed- nor will we go upon him- save by the lawful judgement of his peers or by the law”, Mcelroy, W. (2009). The Magna Carta was rewritten in...
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...Habeas Corpus and Civil Liberties Rick Green POL 201 Professor Hass January 21, 2013 Habeas Corpus and Civil Liberties Imagine living life without the rights and liberties that Americans have always enjoyed. There are people all over the world that do not enjoy those rights that were cherished by the Framers of the United States Constitution. Some even say there are people under the jurisdiction of the United States that do not enjoy those rights. The War on Terror has brought a new debate to the forefront of American public discussion; what do we do with detained terrorists? Can the United States prove that they are terrorists? Are detainees afforded the same rights as American citizens and what role does the writ of habeas corpus play? The Supreme Court has decided on a few cases and has answered a few questions, but the debate still rages. Under the precedent set by Ex Parte Quirin and the Military Commissions Act of 2006, combatants captured in the War on Terror are unlawful combatants against the United States and therefore do not have the right of habeas corpus. To begin the argument on how habeas corpus and civil liberties relates to the War on Terror, we must first look at the history and the meaning of habeas corpus. Very simply defined, many people view the writ of habeas corpus, “as the ‘writ of liberty’ which ensured that no person could be detained in prison without being put to trial by a jury of his peers,” (Lobban & Paul, 2010, p.257). This simply...
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...POL 201 American National Government The Privilege of the Writ of Habeas Corpus POL 201 American National Government Instructor: Professor D B Aug 12, 2013 The Right of Habeas Corpus is derived from the Latin meaning “you have the body.” The meaning according to the U.S. Constitution is the right of any person to question their incarceration before a judge. The detainees of war are entitled to habeas corpus because the authorized use of military force does not activate the Suspension Clause, holding them indefinitely is a violation of the Due Process Clause, and it is undetermined whether the detainees are prisoners of war or citizens suspected of treason. As citizens of the United States we must consider if it is legal for the U.S. government to detain a person without Due Process or Habeas Corpus in any circumstances. The term “habeas corpus” is believed to have first appeared as early as 1305 as a concept as part of the common-law tradition at a time of Magna Carta, signed by King John, the law states “No freeman shall be taken, or imprisoned, or disseized, or outlawed, or exiled, or in any way harmed—nor will we go upon or send upon him—save by the lawful judgment of his peers or by the law.” McElroy W. (2012). This later in the seventeenth century was re-written and used to assistance by the lawyer and politician Sir Edward Coke. In 1628 he helped to draft the Petition of Right, which became a foundation of the document...
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