Habeas Corpus Issues
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights
Publisher:
Published: 1992
Total Pages: 612
ISBN-13:
DOWNLOAD EBOOK →Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights
Publisher:
Published: 1992
Total Pages: 612
ISBN-13:
DOWNLOAD EBOOK →Author: James S. Liebman
Publisher:
Published: 1998
Total Pages: 258
ISBN-13:
DOWNLOAD EBOOK →Previous edition, 2nd, published in 1994.
Author: Jennifer K. Elsea
Publisher: DIANE Publishing
Published: 2010
Total Pages: 57
ISBN-13: 1437920136
DOWNLOAD EBOOK →Contents: (1) Intro.; (2) Early Developments in the Detention and Trial of Enemy Combatants Captured in the ¿War on Terror¿: Rasul v. Bush; Combatant Status Review Tribunals; (3) Pre-Boumediene v. Bush Court Challenges to the Detention Policy: Khalid v. Bush; In re Guantanamo Detainee Cases; Hamdan v. Rumsfeld; Al-Marri; (4) Detainee Treatment Act of 2005 (DTA); (5) The Mil. Comm. Act of 2006 (MCA): Provisions Affecting Court Jurisdiction; Provisions Re: the Geneva Conventions; (6) Post-MCA Issues and Developments: Possible Application to U.S. Citizens; DTA Challenges to Detention; (7) Boumediene v. Bush: Constitutional Right to Habeas; Adequacy of Habeas Corpus Substitute; Implications of Boumediene; (8) Exec. Order to Close Guantanamo and Halt Mil. Commission Proceed.; (9) Redefining U.S. Detention Authority; (10) Constitutional Considerations and Options for Congress; Scope of Challenges; Congressional Authority over Fed. Courts; Separation of Powers Issues; (11) Conclusion: Nat. Def. Author. Provisions; Habeas Corpus Amend.; Bills to Regulate Detention. Figures.
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
Published: 2009
Total Pages: 424
ISBN-13:
DOWNLOAD EBOOK →Author: Charles Doyle
Publisher: Nova Publishers
Published: 2007
Total Pages: 82
ISBN-13: 9781600213021
DOWNLOAD EBOOK →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: Ronald P. Sokol
Publisher: MICHIE
Published: 1969
Total Pages: 472
ISBN-13:
DOWNLOAD EBOOK →This work is a comprehensive treatment of the writ of habeas corpus in the federal courts for the practitioner.
Author: Amanda L. Tyler
Publisher: Oxford University Press
Published: 2021
Total Pages: 179
ISBN-13: 0190918985
DOWNLOAD EBOOK →"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: Eric M. Freedman
Publisher: NYU Press
Published: 2018-06-12
Total Pages: 208
ISBN-13: 1479858943
DOWNLOAD EBOOK →A reconsideration of the writ of habeas corpus casts new light on a range of current issues Habeas corpus, the storied Great Writ of Liberty, is a judicial order that requires government officials to produce a prisoner in court, persuade an independent judge of the correctness of their claimed factual and legal justifications for the individual’s imprisonment, or else release the captive. Frequently the officials resist being called to account. Much of the history of the rule of law, including the history being made today, has emerged from the resulting clashes. This book, heavily based on primary sources from the colonial and early national periods and significant original research in the New Hampshire State Archives, enriches our understanding of the past and draws lessons for the present. Using dozens of previously unknown examples, Professor Freedman shows how the writ of habeas corpus has been just one part of an intricate machinery for securing freedom under law, and explores the lessons this history holds for some of today’s most pressing problems including terrorism, the Guantanamo Bay detentions, immigration, Brexit, and domestic violence. Exploring landmark cases of the past - like that of John Peter Zenger - from new angles and expanding the definition of habeas corpus from a formal one to a functional one, Making Habeas Work brings to light the stories of many people previously overlooked (like the free black woman Zipporah, defendant in “the case of the headless baby”) because their cases did not bear the label “habeas corpus.” The resulting insights lead to forward-thinking recommendations for strengthening the rule of law to insure that it endures into the future.
Author: James S. Liebman
Publisher: MICHIE
Published: 1988
Total Pages: 490
ISBN-13:
DOWNLOAD EBOOK →This work takes the reader step-by-step through the legal, policy, strategic, tactical and ethical concerns encountered in postconviction litigation. Some of it's features include: circuit-bycircuit analysis of every habeas corpus doctrine and practice, lists of issues to raise and sources of claims to investigate, appendices of statutes, rules and forms, and many others.
Author: Anthony Gregory
Publisher: Cambridge University Press
Published: 2013-04-15
Total Pages: 433
ISBN-13: 1107036437
DOWNLOAD EBOOK →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.