The principle of habeas corpus ensures that a prisoner can be released from unlawful detentionthat is‚ detention lacking sufficient cause or evidence. The remedy can be sought by the prisoner or by another person coming to the prisoner’s aid. This right originated in the English legal system‚ and is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom against arbitrary state action. A writ of habeas corpus‚ also known as the "great
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Habeas Corpus Melvin Martin POL 201: American National Government Instructor Haas March 30‚ 2013 Habeas Corpus While some people believe the writ of habeas corpus does not protect American prisoners being held on foreign soil that is being leased by the United States they do believe it does help many prisoners. It has helped fee many prisoners‚ including the granting of Rubin "Hurricane" Carter ’s habeas petition in 1985 freed him from almost 20 years of imprisonment and it keeps innocent
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Habeas Corpus: Case studies INTRODUCTION The right of personal liberty is guaranteed by Article 21 which says‚ ‘no person shall be deprived of his life or personal liberty except according to procedure established by law.’ The writ of habeas corpus has nonetheless long been celebrated as the most efficient safeguard of the right to personal liberty. The jurist Albert Venn Dicey wrote that the British Habeas Corpus Acts "declare no principle and define no rights‚ but they are for practical
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RUNNING AHEAD: THE RIGHT OF HABEAS CORPUS ON THE WAR OF TERROR. POLITIC 201 Monday‚ April 29‚ 2013 RUNNING AHEAD: THE RIGHT OF HABEAS CORPUS ON WAR TERROR. Habeas Corpus. The meaning of Habeas Corpus comes from a Latin base meaning “you have the body” (National Archives). It refers to the right of a person to question his/her incarceration before a judge‚ intriguingly; the violation of the right of habeas corpus has not been the most severe of civil liberties granted not to Americans
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Habeas Corpus Dorinda Chrisman PHI208 Instructor Slack February 25‚ 2013 Habeas Corpus Habeas Corpus is an ancient common law prerogative writ - a legal procedure to which you have an undeniable right. It is an extraordinary remedy at law. Upon proper application‚ or even on naked knowledge alone‚ a court is empowered‚ and is duty bound‚ to issue the Extraordinary Writ of Habeas Corpus commanding one who is restraining liberty to forthwith produce before the court the person who is in custody and
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Habeas Corpus? American National Government POL With the war on terrorism‚ many different issues have come up with what is constitutional and what is not constitutional in regards to detainees at Guantanamo Bay. Guantanamo Bay is a detention facility that is in Cuba. It holds the prisoners of war on terrorism. President Bush chose this location hoping to have it out of the United States judicial area. In doing this he was hoping
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Habeas Corpus is known as the Great Writ because it ensures that a person detained by the government is entitled to a judicial hearing to determine if there is any legal basis for their detention. The modern form of Habeas Corpus has evolved over the years‚ from it beginnings in England‚ to its addition to the US constitution. While Habeas Corpus pertains to every citizen that is tried in a US court‚ there is an argument as to weather habeas also applies to alien prisoners that are being held by
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Civil Liberties‚ Habeas Corpus‚ and the War on Terror POL201: American National Government Jamie Way September Barron May 5‚ 2013 The history of the Right of Habeas and the war on terror‚ it stated in the article The Tissue of Structure by Anthony Gregory “It has been celebrated for centuries in the Anglo-American tradition as a means of questioning government power. It is probably the most revered of all of the checks and balances in our legal history—as William Blackstone commented‚” “the most
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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
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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
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