...The Writ of Habeas Corpus Research Paper and Essay Charlie Potter American Government June 2, 2009 Mr. Potter PART 1 - HABEAS CORPUS RESEARCH PAPER “By this action we should call him King Lincoln I.” - Anti-war Democrats, 1863 INTRODUCTION 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. Constitutional Principles Several constitutional principal are expressed through habeas corpus, the foremost being checks and balances and that the accused are afforded due process. The framers of the Constitution knew that governments become abusive of the rights of citizens when there is no power to check that abuse and when the treatment of the accused is arbitrary. The use of habeas corpus is in fact one of the few constitutional rights enshrined in the main body of the Constitution...
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...Introduction: Many women seeking to become pregnant – while some seeking to prevent the same - often come across the terms “ovulation” and “ovulation test/predictor kits” while searching online for information related to fertility. ------------------------------------------------- This article, through the principles of physiology, will help these women develop a clear and thorough understanding of the concept of ovulation and the use of ovulation prediction kits. ------------------------------------------------- Table of contents: 1) What is ovulation? 2) Understanding the ovulation cycle a) Follicular phase b) Ovulation c) Luteal Phase 3) Why ovulation prediction is necessary? 4) Various methods for predicting/detecting ovulation, their advantages and disadvantages d) Urinary ovulation test kits e) Salivary ovulation test kits f) Basal body temperature charting g) Cervical mucus monitoring h) Monitoring lower abdominal discomfort 5) What is the best ovulation test kit? 6) Which kit should you choose - Medical and Review Data 7) ------------------------------------------------- Tips on getting better results from urinary & salivary ovulation test kits ------------------------------------------------- What is ovulation? At its simplest, ovulation is the release of an ovum from the mature follicle in an ovary, into the uterine tubes; usually occurring on the 14th day...
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...graduated from Kenyon College in Gambier, Ohio in 1832 and further studied law in Massachusetts and Yale University, graduating from there in 1835. He served as member in the Illinois House of Representatives in 1845 ; in Illinois Constitutional Convention; and as an Illinois circuit court judge. The most interesting part of his life is when he served as Abraham Lincoln’s campaign manager during the presidential election of the year 1860. It is when Davis was appointed the associate justice of the United States Supreme Court by Lincoln that he made the most important decision of his life. The court’s ruling on the case entitled Ex parte Milligan, shows us Davis’ view on civil liberties—particularly, the suspension of the writ to habeas corpus. The Ex parte Milligan case was regarding Lambdin P. Milligan and four others members who were accused, charged, found guilty and sentenced to be hanged by the military court in 1864. However, when brought to the Supreme Court, the Court ruled in favor of the case. Justice Davis delivered the opinion of the Court for...
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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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...the testes and are stored in the epididymis. (t From the epididymis the sperm travel along the vas deferens. Sperm then continue along the vas deferens and pass by the seminal vesicle and prostate where fluids are added. Eventually this mixture reaches the urethra, passing by Cowper's gland where more fluids are added, to be ejaculated out of the penis as semen. The fluids come from the prostate gland, and the seminal vesicle. Its purpose is to act as a transported for the sperm. It provides the sperm a way to move throughout the vagina. The Ovarian cycle takes place in the ovaries. It is the normal cycle that includes development of an ovarian follicle, rupture of the follicle, discharge of the ovum, and formation and regression of a corpus luteum. The uterine cycle is the building up and breaking down of the uterine lining or menstruation. The ovarian cycle happens first about a week or so before uterine cycle. The ovarian cycle happens first and if the egg is not fertilized by a sperm, then a week or so later the ovarian cycle, or menstruation happens. LH causes secretion of testosterone and other androgens by the interstitial cells. FSH stimulates the production of sperm. Testosterone plays a key role in the development of male reproductive tissues like the testis and prostate. It also promotes secondary sexual characteristics like increased muscle, bone mass, and the growth of body hair. LH levels rise during ovulation. This causes the egg in the ovary to complete Meiosis...
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...We have been fighting the war on terror for ten years. This is one of the longest wars that the United States has ever fought. While the war rages on the boundaries between national security and civil liberties are blurred. “The big threat to America is the way we react to terrorism by throwing away what everybody values about our country—a commitment to human rights” (Kennedy, 2007). Individual liberties and freedoms are important since without them one can be held indefinitely. Habeas corpus does not infringe upon a person’s civil liberties. In addition, habeas corpus allows an individual to question why they are being detained and ensures that detainees have a right to a fair trial; it is considered to be one of the foundations of constitutional democracy. First, individual liberties and freedoms are important since without them one can be held indefinitely. Habeas corpus also known as the “great writ of liberty” guarantees that a person who is being held unjustly can go free (Habeas corpus, 2011). This is one of the reasons that make America so great because anyone who is detained can know the reason why...
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...In this paper I intend to explore how two forms of conflicts can draw cities into a crisis. The two forms of conflicts are: 1.ths conflict between aristocrats and peasants over landownership and slavery, 2. the second form of conflict was between Aristocrats fighting each other for the political powers. I will then explore how Solon worked on the economy, the family and politics, whether he solved or didn’t solved the conflicts that brought Athens on the brink of revolution. Solon imposed many new laws to rectify the problems that were arising between aristocrats and peasants, and he also changed Athenian society to a much more citizen-oriented way of living. I have divided my paper into three parts. In the first part, I will explain the conflict that arose between the peasant and aristocrat on the basis of land and slavery, and whether Solon resolved this conflict. I will also describe how Solon’s laws impacted this conflict, as well as the situations that occurred before, and the situations that occurred after Solon. In the second part, I will deal with conflict between aristocrat families over political powers and why both parties had for their views. I will also describe how Solon’s new law changed the forming of loyalty in aristocrats’ families. His new laws make an Athens better place such as laws on Feuds, Dowry, Inheritance, and Wills. In the third part, I will deal with the political constitution, its setup and its consequence. And show changes that Solon had...
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...Torture Jack Bauer would rather go to prison than fail to save Los Angelis from an A-bomb. We don't need laws allowing anyone to torture in exceptional circumstances. If exceptions are allowed, they will only be abused eventually. Legal ramifications will be gladly endured by the type of extraordinary individuals who will make that sacrifice to keep this country safe. If they are so sure a suspect has the information, they will risk their personal freedom on their hunch to engage in torture. If they are wrong, they will get their punishment. If proponents of torture (including all its euphemistic forms) want to cite Jack Bauer and his Ticking Clock of Doom, they must accept the full premise and all its trappings. Writ of Habeas Corpus Dating back to the 1600's, this guarantees prisoners the right to petition a legal body, through a standard of due process, to make a preliminary claim that they have been held wrongfully, and to have this reviewed by said legal body. It is additionally included in part of a larger U.S. constitutional set of rights preventing individuals from being held indefinitely without either release or trial. The U.S. Supreme Court has also ruled that the Bush Administration cannot prevent detainees from being designated outside of both the Geneva Conventions and U.S. criminal law, not to mention Cuban law, while they are being held at Guantanamo Bay. They must fit into some category. Detainees cannot be in a conveniently legalistic no-man's...
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...Phase 2 IP Jared Morgan January 21, 2013 Prisoners given the death penalty cost the state four times more than prisoners who serve life sentences. This question doesn’t say which state to analyze so I will choose California. Also, the question is rather tricky and one could be caught putting their own opinions into their answer rather than stating facts. The facts are that sentencing a prisoner to death rather than life does cost the state more. I have found through the research of Judge Arthur Alarcon and Prof. Paula Mitchell, who conducted this research in 2011 and updated it in 2012, the death penalty has cost California $4 billion since 1978. These costs were due to pre trials, trials, appeals, state habeas corpus petitions, federal habeas corpus appeals and costs of incarceration. If the governor commuted the rest of the sentences to life without parole, California would save $170 million per year. Studies from the California Commission on the Fair Administration of Justice web site show “The cost of a system which imposes a maximum penalty of lifetime incarceration instead of the death penalty would be $11.5 million per year.”(2088) In conclusion, facts show that the death penalty actually costs the state over four times the cost of life time prisoners. Violent video games lead to an increase in crime. Studies show that violent video games lead to an increase in crime. This is actually very shocking to me, that studies were made for one thing and also that they...
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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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...insurance. After explaining that she had discovered that she could get insurance at work, Elder went into the bedroom to retrieve coats for the boys. Elder testified that appellant followed her into the room and forcibly raped her on the bed. Another witness for the prosecution, Debbie Phillips, testified that she had once taken out insurance with appellant, but had dropped it after he had come to her home on a Saturday night. Appellant testified that he and Elder had had voluntary sexual relations on several occasions prior to the alleged rape and that Elder had consented to their sexual relations on the morning in question. Having unsuccessfully pursued his direct appeal and the state post-conviction remedy, appellant filed a federal habeas corpus petition alleging prosecutorial suppression...
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...COMMENCEMENT & MODIFICATION OF AWARDS Group 11 Rituparna Mallick H13097 Sanika Gokhale H13101 Saurav Kumar Das H13105 Sourabh Sanyal H13110 Sreedipto Bhattacharya H13111 WHAT IS AN ‘AWARD’? ‘Award’ means an interim or final determination of any industrial dispute or of any question relating thereto by any Labour Court, Industrial Tribunal or National Tribunal. It also includes arbitration award made under section 10A. AWARD VS. SETTLEMENT Award 1. 2. It is a decision of the Arbitrator, Labour Court or Industrial Tribunal. The Arbitrator, Labour Court or Industrial Tribunal resolves the problem hearing the arguments from both sides. Settlement 1. 2. It is arrived conciliation. as a result of Both the parties come to a conclusion by mutual agreement, and sign on the Settlement Agreement The Conciliation Officer settles the disputes between the parties in an amicable manner 3. 3. No mutual consent between the parties. However, the Award consists binding force upon the parties SECTION 16. FORM OF REPORT OR AWARD Report of a Board or Court shall be in writing and shall be signed by all the members of the Board or Court Provided that nothing in this section shall be deemed to prevent any member of the Board or Court from recording i. i. any minute of dissent from a report OR from any recommendation made therein. The award of a Labour Court or Tribunal or National Tribunal shall be in writing and shall be signed by its Presiding officer...
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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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...Corpus linguistics and language pedagogy: The state of the art – and beyond Joybrato Mukherjee Justus Liebig University, Giessen Abstract The present paper provides a selected overview of the state of the art in corpusinformed language pedagogy. Starting off from a general assessment of the impact that the corpus revolution has already had on English language teaching (ELT), the focus of the main part of this paper is on some typical examples of corpus use in three language-pedagogically relevant areas: (1) using corpora for ELT (e.g. producing learner dictionaries); (2) using corpora in the ELT classroom (e.g. in data-driven learning); (3) using learner corpora. With regard to learner corpus research, for example, the paper also sketches out some prospects for future research, e.g. the compilation of local learner corpora. 1 Introduction: the corpus revolution and English language teaching There is general agreement among empirically-oriented linguists that the advent of large, computerised corpora has revolutionised the linguistic description and analysis of the English language. In modern corpus linguistics, not just any group of texts qualifies as a corpus, but it must be "a collection of texts assumed to be representative of a given language, dialect, or other subset of a language" (Francis 1982: 7). Representativeness is a key issue in corpus design because it captures the attempt to compile a database that provides a statistically viable sample of language...
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...Creating A Business When thinking about Kingsville and all it has to offer it is easy to see it’s a primary target area for sportsmen. Twenty miles south is Baffin Bay Hallowed waters for trophy trout and redfish. Three of the past four state record speckled trout came out of Baffin Bay’s hyper saline waters. Making it a bucket-list destination for sport fisherman around the world. Kingsville is also home to the most famous hunting ranch in the world, The King Ranch. These two outdoorsman paradises make Kingsville a year-around attraction for everyone from hard-earned dignitaries to blue collar families spending their hard-earned vacation time. There is one thing Kingsville does not have to support this year-round attraction; an outdoor super store to supply all the necessities one may need to enjoy their hunting and fishing needs. Kingsville offers everything a sportsman could dream of but they need a place for that sportsman to buy the products they need to chase that dream. A store that sells quality hunting, fishing, birding, and outdoor equipment would be extremely profitable to the storeowner and the community. The store could offer products like fishing gear such as rods, reels, tackle, and bait; hunting gear that included guns, shells, decoys, camo, and feeders; feed for deer, livestock, fish; ATV’s such as 4-wheelers; and apparel. They could also sell snacks, drinks, and ice. When it comes to the staff they could hire college students who are dedicating their...
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