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Author : James S. Liebman
Publisher :
ISBN 13 :
Total Pages : 258 pages
Book Rating : 4.F/5 ( download)
Download or read book Federal Habeas Corpus Practice and Procedure written by James S. Liebman and published by . This book was released on 1998 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 2nd, published in 1994.
Author : Paul D. Halliday
Publisher : Harvard University Press
ISBN 13 : 0674064208
Total Pages : 513 pages
Book Rating : 4.6/5 (74 download)
Download or read book Habeas Corpus written by Paul D. Halliday and published by Harvard University Press. This book was released on 2012-04-02 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Guantnamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.
Author : Jonathan Hafetz
Publisher : NYU Press
ISBN 13 : 081472440X
Total Pages : 334 pages
Book Rating : 4.8/5 (147 download)
Download or read book Habeas Corpus After 9/11 written by Jonathan Hafetz and published by NYU Press. This book was released on 2012-08-20 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Amanda L. Tyler
Publisher : Oxford University Press
ISBN 13 : 0199856664
Total Pages : 465 pages
Book Rating : 4.1/5 (998 download)
Download or read book Habeas Corpus in Wartime written by Amanda L. Tyler and published by Oxford University Press. This book was released on 2017 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Jill McDonough
Publisher :
ISBN 13 :
Total Pages : 82 pages
Book Rating : 4.3/5 (91 download)
Download or read book Habeas Corpus written by Jill McDonough and published by . This book was released on 2008 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : William Smithers Church
Publisher :
ISBN 13 :
Total Pages : 1080 pages
Book Rating : 4.F/5 ( download)
Download or read book A Treatise on the Writ of Habeas Corpus written by William Smithers Church and published by . This book was released on 1893 with total page 1080 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Judith Farbey
Publisher : Oxford University Press
ISBN 13 : 0199248249
Total Pages : 311 pages
Book Rating : 4.1/5 (992 download)
Download or read book The Law of Habeas Corpus written by Judith Farbey and published by Oxford University Press. This book was released on 2011-02-24 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Anthony Gregory
Publisher : Cambridge University Press
ISBN 13 : 1107036437
Total Pages : 433 pages
Book Rating : 4.1/5 (7 download)
Download or read book The Power of Habeas Corpus in America written by Anthony Gregory and published by Cambridge University Press. This book was released on 2013-04-15 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Eric M. Freedman
Publisher : NYU Press
ISBN 13 : 0814727182
Total Pages : 243 pages
Book Rating : 4.8/5 (147 download)
Download or read book Habeas Corpus written by Eric M. Freedman and published by NYU Press. This book was released on 2003-05-01 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Charles Doyle
Publisher : Nova Publishers
ISBN 13 : 9781600213021
Total Pages : 82 pages
Book Rating : 4.2/5 (13 download)
Download or read book Federal Habeas Corpus written by Charles Doyle and published by Nova Publishers. This book was released on 2007 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.
Author : Zachary A. Smith
Publisher :
ISBN 13 : 9780984271689
Total Pages : 380 pages
Book Rating : 4.2/5 (716 download)
Download or read book Smith's Guide to Habeas Corpus Relief for State Prisoners Under 28 U. S. C. 2254 written by Zachary A. Smith and published by . This book was released on 2011-03-01 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Smith's Guide to Habeas Corpus Relief provides a complete reference for the entire process of filing Habeas Corpus appeals for state prisoners. It includes example documents and full information on time limits for every step of the process. Designed to be used by prisoners working on their own behalf, it also serves as a guide to monitor the progress and diligence of attorneys working for prisoners who may be less attentive to deadlines than desired. Blank forms and fully-detailed example forms are included. Step by step instructions walk anyone through the process from start, to the last form and addendum to be sent to the US. Supreme Court.
Author : Nancy J. King
Publisher : University of Chicago Press
ISBN 13 : 0226436969
Total Pages : 272 pages
Book Rating : 4.2/5 (264 download)
Download or read book Habeas for the Twenty-First Century written by Nancy J. King and published by University of Chicago Press. This book was released on 2011-03-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Justin J. Wert
Publisher : University Press of Kansas
ISBN 13 : 0700636021
Total Pages : 304 pages
Book Rating : 4.7/5 (6 download)
Download or read book Habeas Corpus in America written by Justin J. Wert and published by University Press of Kansas. This book was released on 2023-09-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: For most Americans, habeas corpus is the cornerstone of our legal system: the principal constitutional check on arbitrary government power, allowing an arrested person to challenge the legality of his detention. In a study that could not be more timely, Justin Wert reexamines this essential individual right and shows that habeas corpus is not necessarily the check that we've assumed. Habeas corpus, it emerges, is as much a tool of politics as it is of law. In this first study of habeas corpus in an American political context, Wert shifts our collective emphasis from the judicial to the political-toward the changes in the writ influenced by Congress, the president, political parties, state governments, legal academics, and even interest groups. By doing so, he reveals how political regimes have used habeas corpus both to undo the legacies of their predecessors and to establish and enforce their own vision of constitutional governance. Tracing the history of the writ from the Founding to Hamdi v. Rumsfeld and Boumediene v. Bush, Wert illuminates crucial developmental moments in its evolution. He demonstrates that during the antebellum period, Reconstruction, Gilded Age, Great Society, and the ongoing war on terrorism, habeas corpus has waxed and waned in harmony with the interests of majoritarian politics. Along the way, Wert identifies and explains the political context of fine points of law that many political scientists and historians may not be aware of—such as the exhaustion rule requiring that a federal habeas participant must first exhaust all possible claims for relief in state court, a maneuver by which the post-Reconstruction Court abandoned supervision of race relations in the South. Especially in light of the new scrutiny of habeas corpus prompted by the Guantánamo detainees, Wert's book is essential for broadening our understanding of how law and politics continue to intersect after 9/11. Brimming with fresh insights into constitutional development and regime theory, it shows that the Great Writ of Liberty may not be so great as we have supposed-because while it has the potential to enforce conceptions of rights that are consistent with the best ideals of American politics, it also has the potential to enforce its worst aspects as well.
Author : Brian McGinty
Publisher : Harvard University Press
ISBN 13 : 0674061551
Total Pages : 272 pages
Book Rating : 4.6/5 (74 download)
Download or read book The Body of John Merryman written by Brian McGinty and published by Harvard University Press. This book was released on 2011-10-05 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: When Chief Justice Taney declared Lincoln’s suspension of habeas corpus unconstitutional and demanded the release of John Merryman, Lincoln defied the order, offering a forceful counter-argument for the constitutionality of his actions. The result was one of the most significant cases in American legal history—a case that resonates in our own time.
Author : Amanda L. Tyler
Publisher : Oxford University Press
ISBN 13 : 0190918985
Total Pages : 179 pages
Book Rating : 4.1/5 (99 download)
Download or read book Habeas Corpus written by Amanda L. Tyler and published by Oxford University Press. This book was released on 2021 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.""--
Author : Brian R. Means
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)
Download or read book Introduction to Habeas Corpus written by Brian R. Means and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Rollin Carlos Hurd
Publisher :
ISBN 13 :
Total Pages : 714 pages
Book Rating : 4.0/5 ( download)
Download or read book Treatise on the Right of Personal Liberty, and on the Writ of Habeas Corpus and the Practice Connected with it written by Rollin Carlos Hurd and published by . This book was released on 1858 with total page 714 pages. Available in PDF, EPUB and Kindle. Book excerpt:
