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Writ of Habeas Corpus

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Writ of Habeas Corpus
Writ of Habeas Corpus
POL 201
September 24, 2012

Writ of Habeas Corpus
Habeas Corpus demands a court to a jailer to produce the prisoner and announce the charges (Levin-Waldman, 2012). Habeas Corpus is an ancient common law that applies to all Americans and anybody in the United States at the time of their arrest. It is a legal procedure that requires a person to be brought in front after the have been arrested/ taken into custody. This is done so that the government to show cause to why the liberty of that person is being taken away and to let the person know what they are being charged with. Habeas Corpus is fundamental to American and all other English common law derivative systems of jurisprudence. It is the ultimate lawful and peaceable remedy for adjudicating the providence of liberty’s restraint (http://www.slate.com).
History of Habeas Corpus
The history of Habeas Corpus is an ancient law that has been used since the middle ages. It appears to be predominately of Anglo-Saxon common law origin but the exact origins are not really known. Even though the origin of Habeas Corpus is unknown it has been used in Europe for centuries. Its principle that has been used since the middle ages by various writs (http://www.slate.com). Habeas Corpus has evolved and changed a bit over the years, but it has basically remained the same. Habeas Corpus states that a person who has been arrested or in custody be brought before a court. Habeas Corpus has been used in the United States since the beginning of the American Revolutionary War. The Writ of Habeas Corpus was established by the British and was generally regarded as part of the fundamental protections guaranteed by law to each citizen (http://www.slate.com).
Article I, Section 9 of the US Constitution guarantees the availability of the writ of habeas corpus (http://search.proquest.com). Habeas corpus serves as a tool or legal defense by people that are detained by the government. Habeas Corpus


References: Staab, J. B. (2008). The war on terror 's impact on habeas corpus: The constitutionality of the military commissions act of 2006 Redish, M. H., & McNamara, C. (2010). Habeas corpus, due process and the suspension clause: A study in the foundations of american constitutionalism Levin-Waldman, O. M. (2012). American government. San Diego, CA: Bridgepoint Education, Inc. Greenberg, D. (2001). Lincoln 's Crackdown Suspects jailed. No charges filed. Sound familiar? Slate. Retrieved September 22, 2012, from http://www.slate.com/articles/news_and_politics/history_lesson/2001/11/lincolns_crackdown.html Azmy, B. (2009). Boumediene v. bush and the new common law of habeas. Rochester, Rochester: Retrieved September 22, 2012, from http://search.proquest.com/docview/189874026?accountid=32521
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