Habeas Corpus Essay Papers

Habeas Corpus Essay Papers-32
Because judges receive a flood of habeas corpus petitions each year, including some that inmates prepare without the assistance of a lawyer, strict procedures govern which ones are allowed to proceed.Inmates are generally barred from repetitively filing petitions about the same matter.

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In the 143 years since the end of the Civil War, historians have examined Abraham Lincoln and his conduct of the war in great and at times excruciating depth.

Lincoln's power to suspend the writ of habeas corpus was extensively explored during the Civil War, but since then his suspensions have escaped detailed scrutiny despite the controversy they provoked, their widespread and effective use to combat malignant opposition to the war, and their uncertain grounding in the Constitution.

Writ of Habeas Corpus: How it Works A writ of habeas corpus (which literally means to "produce the body") is a court order demanding that a public official (such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person's detention.

The procedure provides a means for prison inmates, or others acting on their behalf, to dispute the legal basis for confinement.

Here we will examine Lincoln's suspensions of habeas corpus in their Civil War context, including congressional action and reaction, and see how the suspensions were viewed at the time and later by scholars.

Lincoln's views of the suspensions will be considered along with a legal/constitutional analysis to determine whether Congress or the president holds the power of suspension. After Virginia seceded from the Union on April 17, 1861, the only lines for overland supplies, troop movements, transportation, and communication to Washington, D.In many countries, authorities may take citizens and incarcerate them for months or years without charging them. Constitution wanted to prohibit this kind of abuse of power in the new United States.Those imprisoned have no legal means to protest or challenge the imprisonment. Therefore, they included a specific clause in the Constitution to safeguard the right, known as habeas corpus.Copyright © Board of Trustees of the University of Illinois.For permission to reuse journal material, please contact the University of Illinois Press ([email protected]).Under the Constitution the federal government can unquestionably suspend the privilege of the writ of habeas corpus if the public safety requires it during times of rebellion or invasion.The issue is whether Congress or the president holds this power.C., ran through Maryland, with the railroads running through Baltimore.Baltimore was a rough city for the Union, and Maryland an uncertain ally.The court may also issue and enforce subpoenas in order to obtain additional evidence.Depending on what the evidence reveals, the judge may grant the inmate relief such as: It's important not to confuse habeas corpus with the right of direct appeal.

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