The Heabas Corpus and It's Evolution
The Habeas Corpus Act and its Evolution
LaTrice Tucker
Tammi Clearfield
POL 201
The Habeas Corpus Act and its Evolution An ancient law writ which detains aliens of war in a detention facility by the Supreme Court’s expanded jurisdiction leaves those without knowledge of the Habeas Corpus Act means to understand what the act entitles, its originality, and the evolution. The word habeas corpus in the Latin language means “you have the body”, which represents an important right granted to individuals in America (Kelly, M.). This is a judicial mandate requiring that a prisoner be brought before the court to determine whether the government has the right to continue detaining them in a detention facility (Kelly, M.). The person or persons’ being held can petition the court for a writ of habeas corpus if he or she objects to the imprisonment. The petition must explain to the court the imprisonment order is an order of wrongful imprisonment. The right of habeas corpus is the constitutionally bestowed right of a person to present evidence before a court that he or she has been wrongfully accused (Kelly, M.). “The right of writs of habeas corpus are granted in Article I, Section 9, clause 2 of the Constitution, which 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.”(The United States Constitution, 2004) The establishment of the habeas corpus is not certainly clear, but it seems to date back to Magna Carta in 1215 (Robertson, J.D.). According to Robertson, its principle effect was achieved in the Middle Ages by various wits, of which gave similar effect as the modern writ (Robertson, J.D.). The habeas corpus was originally established as a prerogative writ of the King and his courts, now as time passes, the habeas corpus has evolved into a writ petitioned by a person imprisoned acting in his or her own interest (Robertson, J.D.). After reading
LaTrice Tucker
Tammi Clearfield
POL 201
The Habeas Corpus Act and its Evolution An ancient law writ which detains aliens of war in a detention facility by the Supreme Court’s expanded jurisdiction leaves those without knowledge of the Habeas Corpus Act means to understand what the act entitles, its originality, and the evolution. The word habeas corpus in the Latin language means “you have the body”, which represents an important right granted to individuals in America (Kelly, M.). This is a judicial mandate requiring that a prisoner be brought before the court to determine whether the government has the right to continue detaining them in a detention facility (Kelly, M.). The person or persons’ being held can petition the court for a writ of habeas corpus if he or she objects to the imprisonment. The petition must explain to the court the imprisonment order is an order of wrongful imprisonment. The right of habeas corpus is the constitutionally bestowed right of a person to present evidence before a court that he or she has been wrongfully accused (Kelly, M.). “The right of writs of habeas corpus are granted in Article I, Section 9, clause 2 of the Constitution, which 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.”(The United States Constitution, 2004) The establishment of the habeas corpus is not certainly clear, but it seems to date back to Magna Carta in 1215 (Robertson, J.D.). According to Robertson, its principle effect was achieved in the Middle Ages by various wits, of which gave similar effect as the modern writ (Robertson, J.D.). The habeas corpus was originally established as a prerogative writ of the King and his courts, now as time passes, the habeas corpus has evolved into a writ petitioned by a person imprisoned acting in his or her own interest (Robertson, J.D.). After reading
References: Kelly, Martin Definition of Habeas Corpus Retrieved from; americanhistory.about.com The United States Constitution (2004, September) Retrieved from; www.house.gov/house/constitution/Constitution.html Habeas Corpus the Most Extraordinary Writ Retrieved from; www.habeascorpus.net/hcwrit.html Langley, Robert Lincoln Issues Proclamation Suspending the Habeas Corpus Rights Retrieved from; www.usgovinfo.about.com/od/historic/documents/a/Lincolnhabeas.html Newman, Gerald L. The Habeas Corpus Suspension Clause After Boumediene V. Bush Retrieved from; http: //web.ebscohost.com