Habeus Corpus

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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 or public authority to perform a public or statutory duty. Certiorari means to be certified. This can be issued by the Supreme Court or any high court for quashing the order already passed by an inferior court, tribunal or quasi-judicial authority. Last but not least, Quo-Warranto which means, “By what warrants?” or what is your authority? This writ is issued with a view to restrain in a person from holding a public office to which he is entitled.

In the history of habeas corpus the...
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