Habeus Corpus
Habeas Corpus
By: Matt McQuinn
POL 201 American National Government
Instructor: Paul Edleman
04/13/13
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 disseized, 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" (Magna Carta, 1215). Several debates have risen due to: the war on terrors approach to the treatment of the combatants and judicial review based off of intense emotions. Habeas corpus is a writ that is used to bring a party who has been criminally convicted in state court into federal court (http://www.law.cornell.edu/wex/habeas_corpus). 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. Article I, Section 9 of the Constitution states, "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." Under this provision, persons detained by the government are entitled to a judicial hearing to determine if there is any legal basis for their detention (www.archives.gov).
The Constitution allows for the suspension of the writ only in times of invasion or rebellion, and "we
By: Matt McQuinn
POL 201 American National Government
Instructor: Paul Edleman
04/13/13
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 disseized, 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" (Magna Carta, 1215). Several debates have risen due to: the war on terrors approach to the treatment of the combatants and judicial review based off of intense emotions. Habeas corpus is a writ that is used to bring a party who has been criminally convicted in state court into federal court (http://www.law.cornell.edu/wex/habeas_corpus). 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. Article I, Section 9 of the Constitution states, "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." Under this provision, persons detained by the government are entitled to a judicial hearing to determine if there is any legal basis for their detention (www.archives.gov).
The Constitution allows for the suspension of the writ only in times of invasion or rebellion, and "we
References: 1) www.constitution.org – Magna Carta 2) Meltzer, D. J. (2008). Habeas corpus, suspension, and GuantÁnamo: The boumediene decision. Supreme Court Review, , 1. Retrieved from http://search.proquest.com/docview/218949941?accountid=32521 3) www.archives.gov/exhibits/charters/constitution.html 4) Return to the rule of law; legislation to restore ancient habeas corpus protections to `enemy combatants ' is overdue. (2006, Dec 18). Los Angeles Times. Retrieved from http://search.proquest.com/docview/422118651?accountid=32521 5) Harrison, J. C. (2011). The habeas corpus suspension clause and the right of natural liberty. Rochester, Rochester: doi: http://dx.doi.org/10.2139/ssrn.1852745 6) Ramold, S. J. (2012). The body of john merryman: Abraham lincoln and the suspension of habeas corpus. Choice, 49(8), 1518-1518. Retrieved from http://search.proquest.com/docview/1019973445?accountid=32521 7) Mundy, Hugh. Creighton Law Review. Dec2011, Vol. 45 Issue 1, p185-214. 30p.