Submitted By wanganangu
Table of Contents Introduction; Historical Evolution of Habeas corpus 1 An analysis of the relevance of habeas corpus 3 Perspectives in regard to Habeas Corpus 4 The role of the president and Congress in suspending habeas corpus 5 Conclusion 6 References 7
Introduction; Historical Evolution of Habeas corpus
Habeas corpus is a Latin term for "you have the body," it is a writ (court order) which directs the law enforcement officials who have custody of a prisoner to appear in court with the prisoner to help the judge determine whether the prisoner is lawfully in prison or jail or not ( Legal Dictionary). The order is usually obtained in the jurisdiction within which the prisoner is held.A writ of habeas corpus is a challenge to the legality of a prisoner’s detention and does not entail an inquiry into the prisoner’s guilt or innocence. After examining the reasons for confinement, the court that issued the writ may release the prisoner or remand the prisoner into custody.
The habeas corpus concept was first expressed in The habeas corpus concept was first expressed in the Magna Charta, a constitutional document forced on King John by English landowners at Runnymede on June 15, 1215. Among the liberties declared in the Magna Charta was that "No free man shall be seized, or imprisoned, or outlawed, or exiled, or injured in any way, nor will we enter on him or send against him except by the lawful judgment of his peers, or by the law of the land."
The roots of habeas corpus are found in English common law dating to the fourteenth century and were made a part of England’s statutory law in 1679. American colonial courts issued the writ at common law, and state governments continued to recognize habeas rights following independence.
The U.S. Constitution made no clear provision for the writ, providing only that “The Privilege of the Writ of Habeas Corpus...