The Heabas Corpus and It's Evolution

Topics: Habeas corpus, Supreme Court of the United States, Abraham Lincoln Pages: 4 (1074 words) Published: February 14, 2013
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...

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
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • Habeus Corpus Essay
  • Essay about The Habeas Corpus
  • Habeas Corpus Essay
  • Habeas Corpus Essay
  • Habeaus Corpus Essay
  • habeas corpus Essay
  • Essay on Habeas Corpus
  • Habeas Corpus Essay

Become a StudyMode Member

Sign Up - It's Free