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Author: Judith Farbey
Publisher: Oxford University Press
ISBN: 0199248249
Category : Law
Languages : en
Pages : 311
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Book Description
Habeas corpus is the principal means under the common law for the protection of personal liberty. By this ancient writ, the court assumes control over the body of a prisoner so it can discharge him or her to freedom if no proper legal cause can be shown for detention. Habeas corpus secures release from any form of custody, whether decreed by the highest powers of the state or the lowest gangland slave-trader. Its reach is as diverse as the forms of confinement. For just two examples beyond the prison wall, a patient wrongly detained for compulsory medical treatment can invoke its protection and it can even be deployed to determine the proper parental custody of a child. This volume looks first at the historical development of the writ, tracing its growth in significance until its emergence as an item of central constitutional importance. Having established the traditional place of habeas corpus, the volume goes on to examine the limits of the remedy today. It describes the modern workings of the application for habeas corpus and assesses the scope, function, and role of the procedure. It explores the relationship between habeas corpus and fundamental rights. The volume critically surveys the nature of judicial review on habeas corpus and investigates past, present, and potential future uses of the writ. It aims to provide a comprehensive statement of current English law, with added discussion of the position in other Commonwealth countries. The volume concludes with a guide to procedure and sample forms.
Author: Judith Farbey
Publisher: Oxford University Press
ISBN: 0199248249
Category : Law
Languages : en
Pages : 311
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Book Description
Habeas corpus is the principal means under the common law for the protection of personal liberty. By this ancient writ, the court assumes control over the body of a prisoner so it can discharge him or her to freedom if no proper legal cause can be shown for detention. Habeas corpus secures release from any form of custody, whether decreed by the highest powers of the state or the lowest gangland slave-trader. Its reach is as diverse as the forms of confinement. For just two examples beyond the prison wall, a patient wrongly detained for compulsory medical treatment can invoke its protection and it can even be deployed to determine the proper parental custody of a child. This volume looks first at the historical development of the writ, tracing its growth in significance until its emergence as an item of central constitutional importance. Having established the traditional place of habeas corpus, the volume goes on to examine the limits of the remedy today. It describes the modern workings of the application for habeas corpus and assesses the scope, function, and role of the procedure. It explores the relationship between habeas corpus and fundamental rights. The volume critically surveys the nature of judicial review on habeas corpus and investigates past, present, and potential future uses of the writ. It aims to provide a comprehensive statement of current English law, with added discussion of the position in other Commonwealth countries. The volume concludes with a guide to procedure and sample forms.
Author: Paul D. Halliday
Publisher: Harvard University Press
ISBN: 0674064208
Category : History
Languages : en
Pages : 513
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Book Description
We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantnamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.
Author: Amanda L. Tyler
Publisher: Oxford University Press
ISBN: 0199856664
Category : Law
Languages : en
Pages : 465
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Book Description
This book is the most comprehensive account of the role of habeas corpus in wartime ever written. It draws on a wealth of untapped resources to shed light on the political and legal understanding of habeas corpus that has unfolded over the course of Anglo-American history. The book traces the roots of the habeas privilege enshrined in the United States Constitution to England and then carries the story forward to document the profound influence of English law on early American law. It then takes the story forward to document the understanding of the privilege and the role of suspension over the course of American history.
Author: James S. Liebman
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 258
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Book Description
Previous edition, 2nd, published in 1994.
Author: Amanda L. Tyler
Publisher: Oxford University Press
ISBN: 0190918993
Category : Law
Languages : en
Pages : 179
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Book Description
Legal scholar Amanda L. Tyler discusses the history and future of habeas corpus in America and around the world. The concept of habeas corpus--literally, to receive and hold the body--empowers courts to protect the right of prisoners to know the basis on which they are being held by the government and grant prisoners their freedom when they are held unlawfully. It is no wonder that habeas corpus has long been considered essential to freedom. For nearly eight hundred years, the writ of habeas corpus has limited the executive in the Anglo-American legal tradition from imprisoning citizens and subjects with impunity. Writing in the eighteenth century, the widely influential English jurist and commentator William Blackstone declared the writ a "bulwark" of personal liberty. Across the Atlantic, in the leadup to the American Revolution, the Continental Congress declared that the habeas privilege and the right to trial by jury were among the most important rights in a free society. This Very Short Introduction chronicles the storied writ of habeas corpus and how its common law and statutory origins spread from England throughout the British Empire and beyond, witnessing its use today around the world in nations as varied as Canada, Israel, India, and South Korea. Beginning with the English origins of the writ, the book traces its historical development both as a part of the common law and as a parliamentary creation born out of the English Habeas Corpus Act of 1679, a statute that so dramatically limited the executive's power to detain that Blackstone called it no less than a "second Magna Carta." The book then takes the story forward to explore how the writ has functioned in the centuries since, including its controversial suspension by President Abraham Lincoln during the Civil War. It also analyzes the major role habeas corpus has played in such issues as the World War II incarceration of Japanese Americans and the US Supreme Court's recognition during the War on Terror of the concept of a "citizen enemy combatant." Looking ahead the story told in these pages reveals the immense challenges that the habeas privilege faces today and suggests that in confronting them, we would do well to remember how the habeas privilege brought even the king of England to his knees before the law.
Author: Jonathan Hafetz
Publisher: NYU Press
ISBN: 081472440X
Category : Political Science
Languages : en
Pages : 334
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Book Description
Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.
Author: Randy James Holland
Publisher:
ISBN: 9780314676719
Category : Constitutional history
Languages : en
Pages : 0
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Book Description
An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.
Author: Charles Doyle
Publisher: Nova Publishers
ISBN: 9781600213021
Category : Law
Languages : en
Pages : 82
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Book Description
Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.
Author: William F. Duker
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 366
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Book Description
Author: Nancy J. King
Publisher: University of Chicago Press
ISBN: 0226436969
Category : Law
Languages : en
Pages : 272
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Book Description
For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our time—among them terrorism, immigration, crime, and the death penalty. Yet, in recent decades, habeas has been seriously abused. In this book, Nancy J. King and Joseph L. Hoffmann argue that habeas should be exercised with greater prudence. Through historical, empirical, and legal analysis, as well as illustrative case studies, the authors examine the current use of the writ in the United States and offer sound reform proposals to help ensure its ongoing vitality in today’s justice system. Comprehensive and thoroughly grounded in a modern understanding of habeas corpus, this informative book will be an insightful read for legal scholars and anyone interested in the importance of habeas corpus for American government.
