writ of habeas corpus directs a person, usually a prison warden, to produce the prisoner and justify the prisoner's detention. If the prisoner argues successfully that the incarceration is in violation of a constitutional right, the court may order the prisoner's release. Habeas corpus relief also may be used to obtain custody of a child or to gain the release of a detained person who is insane, is a drug addict, or has an infectious disease. Usually, however, it is a response to imprisonment by
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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
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Civil Liberties, Habeas Corpus, and the War on Terror POL 201: American National Civil Liberties, Habeas Corpus, and the War on Terror Habeas Corpus is a term unlikely known to many detainees in Guantanamo Bay. The war on terror has gone from protecting our country from terrorist, to slowly but surely doing onto these detainees what other tyrants were doing before us. Habeas Corpus is a law that was placed in the constitution in order for guarantee that no one would be held prisoner without
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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
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referred to the writ of habeas corpus as a fundamental legal underpinning of the new nation. The thirteen original states ratified the Constitution and then it was amended in 1791 by the Bill of Rights. The request for the issuance of a writ of habeas corpus is made before a judge and, if granted, a prisoner must be brought before the judge. The writ requires whoever is holding the prisoner to produce him before the judge at a time determined by the judge. The writ of habeas corpus was the �mechanism�
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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
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Habeas Corpus Paper By definition the word Habeas Corpus mean “you have the body”, is a term that represents an important right granted to individuals in America and other nations (Kelly, 2014). Its roots come from England and are found all throughout our history, such as the Civil War and currently the War on terrorism. The Writ of Habeas Corpus specifically refers to the right to challenge one's detention. It is also the state's ability to force someone to appear in court. By allowing an independent
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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
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Habeas Corpus and the War on Terror POL 201 American National Government The recent War on Terror has caused quite a stir. Many patriotic Americans are now on guard even though the main character in the War on Terror, Osama Bin Laden, has been caught and executed. Many other “terrorists” have been arrested and detained at a prison at Guantanamo Bay in Cuba. This raises the question of whether they are being detained legally or not. One issue is the concept of habeus corpus. This essay will
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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
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