Habeas Corpus

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Federal Habeas Corpus Practice and Procedure

Author : James S. Liebman,Randy Hertz
Publisher : Unknown
Page : 258 pages
File Size : 46,5 Mb
Release : 1998
Category : Habeas corpus
ISBN : STANFORD:36105060665945

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Federal Habeas Corpus Practice and Procedure by James S. Liebman,Randy Hertz Pdf

Previous edition, 2nd, published in 1994.

Habeas Corpus After 9/11

Author : Jonathan Hafetz
Publisher : NYU Press
Page : 334 pages
File Size : 42,9 Mb
Release : 2012-08-20
Category : Political Science
ISBN : 9780814724408

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Habeas Corpus After 9/11 by Jonathan Hafetz Pdf

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.

Habeas Corpus

Author : Paul D. Halliday
Publisher : Harvard University Press
Page : 513 pages
File Size : 42,9 Mb
Release : 2012-04-02
Category : History
ISBN : 9780674064201

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Habeas Corpus by Paul D. Halliday Pdf

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 Guant‡namo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.

The Law of Habeas Corpus

Author : Judith Farbey,R.J. Sharpe,Simon Atrill
Publisher : Oxford University Press
Page : 311 pages
File Size : 41,8 Mb
Release : 2011-02-24
Category : Law
ISBN : 9780199248247

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The Law of Habeas Corpus by Judith Farbey,R.J. Sharpe,Simon Atrill Pdf

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.

Habeas Corpus in Wartime

Author : Amanda L. Tyler
Publisher : Oxford University Press
Page : 465 pages
File Size : 45,5 Mb
Release : 2017
Category : Law
ISBN : 9780199856664

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Habeas Corpus in Wartime by Amanda L. Tyler Pdf

Habeas Corpus in Wartime unearths and presents a comprehensive account of the legal and political history of habeas corpus in wartime in the Anglo-American legal tradition. The book begins by tracing the origins of the habeas privilege in English law, giving special attention to the English Habeas Corpus Act of 1679, which limited the scope of executive detention and used the machinery of the English courts to enforce its terms. It also explores the circumstances that led Parliament to invent the concept of suspension as a tool for setting aside the protections of the Habeas Corpus Act in wartime. Turning to the United States, the book highlights how the English suspension framework greatly influenced the development of early American habeas law before and after the American Revolution and during the Founding period, when the United States Constitution enshrined a habeas privilege in its Suspension Clause. The book then chronicles the story of the habeas privilege and suspension over the course of American history, giving special attention to the Civil War period. The final chapters explore how the challenges posed by modern warfare during the twentieth and twenty-first centuries have placed great strain on the previously well-settled understanding of the role of the habeas privilege and suspension in American constitutional law, particularly during World War II when the United States government detained tens of thousands of Japanese American citizens and later during the War on Terror. Throughout, the book draws upon a wealth of original and heretofore untapped historical resources to shed light on the purpose and role of the Suspension Clause in the United States Constitution, revealing all along that many of the questions that arise today regarding the scope of executive power to arrest and detain in wartime are not new ones.

Habeas Corpus

Author : Jill McDonough
Publisher : Unknown
Page : 82 pages
File Size : 40,5 Mb
Release : 2008
Category : Poetry
ISBN : UOM:39015080856407

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Habeas Corpus by Jill McDonough Pdf

Sacco and Vanzetti, the Rosenbergs, and Aileen Wuornos. A witch, a pirate, a slave who poisoned her master. A serial killer, a Quaker, a case of mistaken identity. The earliest to be electrocuted, gassed, and lethally injected; the last to be publicly hanged. In her first book, Habeas Corpus, acclaimed poet Jill McDonough gives us fifty sonnets, each about a legal execution in American history. From four hundred years of documentation she conjures – and honors – a chorus of the dead. The sonnets, headed meticulously by name, date, and place, are poignant with the factual, with words and actions reported by eyewitnesses and spoken by the condemned – so limpidly framed that at moments one forgets the skill that tautens and crystallizes all this into authentic poetry: The warehouse was dingy, cluttered with lumber:thirteen steps, noose, black mask. No hymn, no psalm.He spat out his gum in the chaplain’s outstretched palm.Habeas Corpus: you have the body. With a rare control of indignation by sorrow, of subjectivity by the subject’s own truth, McDonough’s unsparing sonnets reveal the enormity that is the death penalty in America: “a ladder, a hanging tree” for Mary Dyer, “an odor he'd/described in print as peach blossoms, sickening-sweet” for Caryl Chessman, “a hood, their/target, then bang, bang, bang, three noises, quick” for Gary Gilmore, “Two needles in his arm,/blood splatters on the sheet” for Charles Brooks. Taking the words of fifty out of the nearly 20,000 men and women executed since 1608, she reflects them back to us in works of self-effacing artistry. Resurrected from their obscurity these individuals speak our secret history.

A Treatise on the Right of Personal Liberty

Author : Rollin Carlos Hurd
Publisher : Unknown
Page : 714 pages
File Size : 43,9 Mb
Release : 1858
Category : Extradition
ISBN : OXFORD:N11312632

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A Treatise on the Right of Personal Liberty by Rollin Carlos Hurd Pdf

A Treatise on the Writ of Habeas Corpus

Author : William Smithers Church
Publisher : Unknown
Page : 1080 pages
File Size : 44,9 Mb
Release : 1893
Category : Habeas corpus
ISBN : STANFORD:36105044097322

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A Treatise on the Writ of Habeas Corpus by William Smithers Church Pdf

Habeas Corpus

Author : Amanda L. Tyler
Publisher : Oxford University Press
Page : 179 pages
File Size : 51,7 Mb
Release : 2021
Category : LAW
ISBN : 9780190918989

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Habeas Corpus by Amanda L. Tyler Pdf

"The storied writ of habeas corpus-literally, to hold the body-has enjoyed celebrated status in the common law tradition for centuries. Writing in the eighteenth century, the widely influential English jurist and commentator William Blackstone once labeled the writ of habeas corpus a "bulwark of our liberties." Soon thereafter, a member of Parliament glorified the writ as "[t]he great palladium of the liberties of the subject." Meanwhile, across the Atlantic, in the lead up 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, "without which a people cannot be free and happy." A few years later, while promoting the ratification of the United States Constitution in The Federalist, Alexander Hamilton celebrated the privilege as one of the "greate[st] securities to liberty and republicanism" known. Thus, as another participant in the ratification debates wrote, the writ of habeas corpus has long been viewed as "essential to freedom.""--

The Law of Habeas Corpus in Canada

Author : D. A. Cameron Harvey,Cameron Harvey
Publisher : Butterworth-Heinemann
Page : 308 pages
File Size : 55,5 Mb
Release : 1974
Category : Habeas corpus
ISBN : UIUC:30112022862046

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The Law of Habeas Corpus in Canada by D. A. Cameron Harvey,Cameron Harvey Pdf

Habeas Corpus

Author : Eric M. Freedman
Publisher : NYU Press
Page : 243 pages
File Size : 51,7 Mb
Release : 2003-05-01
Category : Law
ISBN : 9780814727188

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Habeas Corpus by Eric M. Freedman Pdf

Habeas Corpus is the process by which state prisoners—particularly those on death row—appeal to federal courts to have their convictions overturned. Its proper role in our criminal justice system has always been hotly contested, especially in the wake of 1996 legislation curtailing the ability of prisoners to appeal their sentences. In this timely volume, Eric M. Freedman reexamines four of the Supreme Court’s most important habeas corpus rulings: one by Chief Justice John Marshall in 1807 concerning Aaron Burr’s conspiracy, two arising from the traumatic national events of the 1915 Leo Frank case and the 1923 cases growing out of murderous race riots in Elaine County, Arkansas, and one case from 1953 that dramatized some of the ugliest features of the Southern justice of the period. In each instance, Freeman uncovers new original sources and tells the stories of the cases through such documents as the Justices’ draft opinions and the memos of law clerk William H. Rehnquist. In bracing and accessible language, Freedman then presents an interpretation that rewrites the conventional view. Building on these results, he challenges legalistic limits on habeas corpus and demonstrates how a vigorous writ is central to implementing the fundamental conceptions of individual liberty and constrained government power that underlie the Constitution.

The Power of Habeas Corpus in America

Author : Anthony Gregory
Publisher : Cambridge University Press
Page : 433 pages
File Size : 44,7 Mb
Release : 2013-04-15
Category : Law
ISBN : 9781107036437

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The Power of Habeas Corpus in America by Anthony Gregory Pdf

This book tells the story of habeas corpus from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas's historical controversies - addressing the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and for wartime detainees from the Civil War and World War II to the War on Terror.

Habeas for the Twenty-First Century

Author : Nancy J. King,Joseph L. Hoffmann
Publisher : University of Chicago Press
Page : 272 pages
File Size : 47,8 Mb
Release : 2011-03-25
Category : Law
ISBN : 9780226436968

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Habeas for the Twenty-First Century by Nancy J. King,Joseph L. Hoffmann Pdf

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.

The Habeas Corpus

Author : Richard Vaux
Publisher : Unknown
Page : 22 pages
File Size : 46,8 Mb
Release : 1862
Category : Habeas corpus
ISBN : STANFORD:36105063016617

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The Habeas Corpus by Richard Vaux Pdf