...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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...Civil Liberties, Habeas Corpus, and the War on Terror POL201: American National Government Instructor: Civil Liberties, Habeas Corpus, and the War on Terror This paper will talk about the right of habeas corpus in the context of the war on terror. I will explain the historical evolution of habeas corpus as well as explain of its evolution within the American tradition and will include the general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties. I will provide examples from U.S. history of the suspension of habeas corpus and their applicability to the present. Analyze the relevance of habeas corpus to the contemporary U.S. situation during the war on terror, especially with respect to persons characterized by as enemy combatants or illegal combatants. I will be evaluating a minimum of four perspectives on this topic expressed by justices of the Supreme Court, leaders in other branches of government, and commentators in both the academic and popular media; 1.)The role of the President as Commander-in-Chief, 2.) The role of Congress in determining when habeas corpus can be suspended, 3.) The role of the Supreme Court in protecting civil liberties, including the judicial philosophy which should guide the Court in this role, and 4.) The last topic will include my evaluation and personal philosophy, values or ideology about the balance between civil liberties and national security in the context...
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...Government November 24, 2013 The Great Writ of Liberty Can you imagine what the United States would be like without the Writ of Habeas Corpus? Well, the “Bill of Rights” which is the first ten amendments in the United States Constitution would be stripped away and our nation would crumble. The Bill of Rights protects the American people and their civil liberties against the government who may infringe upon the rights of the people. In other words, the Bill of Rights limits the government’s power, and this is why our “Founding Fathers believed Habeas Corpus was so essential in preserving our liberty, justice, and democracy that they enshrined it in the very first article of the United States Constitution” (Center for Constitutional Rights, n.d., p. 1). In this paper, I will share the meaning and history of Habeas Corpus; provide examples from U.S. history of the suspension of Habeas Corpus and their applicability to the present; Analyze the importance of Habeas Corpus to the contemporary U.S. situation during the war on terror; discuss the U. S. Supreme Court’s interpretation of the right of Habeas Corpus with respect to enemy combatants or illegal combatants, and evaluate four perspectives on this topic expressed by the President, Congress, the Supreme Court, and share my own personal philosophy. What is Habeas Corpus? Habeas Corpus literally means “you should have the body” (Halliday, 2011, p. 1). It is a formal written order (writ), “directed by a judge to some...
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...property without due process of the law” (N.A, 2010). When interpreted this means the government has laws to follow before a person can be determined innocent or guilty if either aren’t proven the detainee must be let free. This paper is going to attempt to analyze the historical evolution of Habeas Corpus; give examples from history of the suspension of Habeas Corpus, as well as analyzing it relevance. Habeas Corpus derived from English common law and first appeared in the Magna Carta of 1215 and is the oldest human right in history. Habeas Corpus translated means “you should have the body” habeas corpus is a legal action, or writ, by which those imprisoned unlawfully can seek relief from their imprisonment” (N.A, Habeas Corpus-The Rutherford Institute, 2015). Habeas Corpus was extremely important to the Framers of the Constitution from their personal experiences. When one was capture they were considered either an enemy combatant, imprisoned indefinitely and denied the opportunity to have a fair trial. It became increasing to the founders to protect the American people from such atrocities. March 4, 1801 President Jefferson in his first inaugural addressed the necessity of habeas corpus. President Jefferson belief was found the “freedom of person under the protection of the Habeas Corpus; and trial by juries impartially selected” (N.A, Habeas Corpus-The Rutherford Institute, 2015). There have been only two cases where habeas corpus was suspended in history. In the case...
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...Is the Use of the Habeas Corpus Helping or Hurting the War on Terror Brandy Hudson POL201: American National Government Instructor: Spencer Walsh 08/04/2014 Habeas Corpus originated in English common law as a means to protect individuals from illegal detention. Modern day, habeas corpus is mainly used as a solution prior to conviction for state and federal prisoners who challenge the legality of the application of federal laws that were used in judicial proceedings that resulted in the detainment of the individual ( Kavarsky,2014). This essay will examine the evolution of habeas corpus in the United States, how it affects civil liberties, and its effects on the war on terror. The most famous habeas corpus case was that of slave Dred Scott, who attempted to sue for his freedom. Earlier another slave by the name of James Somersett ran away from his master while in England. He was later captured but supporters obtained a writ of habeas corpus that required his captors to produce Sommersett in court where he sued for his freedom. Almost a century later, Dred Scott petitioned the U.S Federal Courts for a writ of habeas corpus. It was granted and later upheld in a court of appeals in 1857, in one of the most controversial cases in American history. The Supreme Court ruled Scott Seven to Two. The court found that no slave or descendent of a slave could be an American citizen, and so Scott was not considered a “person” within the purview of the constitution. Therefore...
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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 is a writ that is used to bring a party who has been criminally convicted in state court into federal court. Usually, writs of habeas corpus are used to review the legality of the party’s arrest, imprisonment, or detention. The federal court’s review of a habeas corpus petition is considered to be collateral relief of a state court decision rather than direct review. Habeas corpus originated in English common law as a means to protect individuals from illegal detention. An individual who had been held in custody could file a petition seeking a writ which would require the custodian to provide adequate legal justification for the detention. If the custodian failed to do so, the court could order the petitioner’s release. Today, habeas corpus is mainly used as a post-conviction remedy for state or federal prisoners who challenge the legality of the application of federal laws that were used in the judicial proceedings that resulted in their detention. Other uses of habeas corpus include immigration or deportation cases and matters concerning military detentions, court proceedings before military commissions, and convictions in military court. Finally, habeas corpus is used to determine preliminary matters in criminal cases, such as: (i) an adequate basis for detention; (ii) removal to another federal district court; (iii) the denial of bail or parole; (iv) a claim of double jeopardy; (v) the failure to provide for a speedy trial or hearing; or (vi)...
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...Civil Liberties, Habeas Corpus, and the War on Terror Amy K. Breitkreitz POL201: American National Government Instructor Jimmie McKnight February 9, 2015 A Writ of Habeas Corpus is that of a legal act that calls for an individual under seizure to be brought in front of a court of law for an inquiry to essentially decide if they are guilty or not of the suspected crime (Levin-Waldman, 2012). The Writ of Habeas Corpus explicitly brings up the right to contest one's arrest and imprisonment. It is also a way for the government to force an individual to come before the courts. By permitting an independent judge to analysis the legitimacy of the individual’s confinement and instruct that the detainee be freed if the circumstances are unlawful, habeas corpus functions as a safeguard against unlawful seizure, arrest, and torture. While habeas corpus has been upheld as a fundamental right of the imprisoned, this safeguard has been obstructed throughout our history, making the habeas corpus right, at times, a subject of our desire for refuge during times of emergency. 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" (Farrell, 2009). 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...
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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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...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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...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...
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...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 instead of the amendments, and is established...
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...United States government (Jackson, 2010). This resolution and vow by President Bush and Congress to take on the war against terrorism resulted in massive military, law enforcement, and intelligence missions being launched in the Middle East and around other parts of the globe. These military and policing efforts resulted in thousands of detentions of citizens and non-citizens as potential suspects, however, in many cases, individuals being detained did not have formal charges placed against them, and they were merely being held on "suspicion" (Jackson, 2010). The most prominent example of indefinite detention of individuals is seen at Guantanamo Bay Naval Base in Cuba (GITMO). This pattern of indefinite detention of individuals who in many cases have never been charged with a crime has led to a multitude of legal challenges as prisoners have attempted to evoke their rights of habeas corpus in an attempt to get U.S. Federal Courts to hear their cases (Jackson, 2010). The general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties: In today's legal definitions, habeas corpus is the right of an individual who is incarcerated to question their dentition before a judge to validate the legitimacy of their being detained (Primus, 2010). Habeas corpus provisions are found throughout...
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...Civil Liberties, Habeas Corpus and the War on Terror American National Government Civil Liberties, Habeas Corpus and the War on Terror Introduction The constitution of the US grants every citizen civil liberty and freedom. According to the Habeas corpus, a person should not be detained without a just and legal cause. It is a legal precedent that evolved in both the English and American traditions. The Habeas corpus is an important individual right in the US constitution that supersedes the other first ten amendments. However, Habeas Corpus is significant when combating terror. Thesis statement: the non-American terror suspects have the civil right of habeas corpus. The writ of habeas corpus According to the constitution of the US Article One and Section nine, “an accused individual has the right of habeas corpus unless when in cases of rebellion or invasion the public safety may require it" (Mason, 2011, p.12). As earlier defined and described, the accused persons have the right of habeas corpus that allows their detention to be interpreted in courts of law to establish whether they are being held legally. Nevertheless, the right of habeas corpus safeguards the civil liberties because it is the foundation of our constitutional democracy. Notably, the right of habeas corpus protects individuals from unlawful imprisonment at all times including war on terror. The US constitution ingrains the right of habeas corpus in order to protect detainee's civil...
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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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