We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

Was the suspension of habeas corpus by Jefferson Davis necessary - Research Paper Example

Comments (0)
Summary
Name Instructor Task Date Was the suspension of habeas corpus by Jefferson Davis necessary? Introduction “…the problem of survival was now inexorably his [Davis]. Congress had given him what he asked, or most of it, and if his program failed, the reckoning would be grim”1 The writ of habeas corpus is a common feature in most modern jurisdictions…
Download full paper
GRAB THE BEST PAPER
Was the suspension of habeas corpus by Jefferson Davis necessary
Read TextPreview

Extract of sample
Was the suspension of habeas corpus by Jefferson Davis necessary

Download file to see previous pages... It is thus imperative to begin with a detailed explanation of the meaning and key concepts of habeas corpus. Habeas corpus is a writ founded on the legal doctrine of an accused person’s entitlement to a fair trial. Its essence is that a person deserves to be tried before an open court of law where he can respond to the charges presented before him as an accused person. It is therefore a court order to show cause as to the purpose and a justification for the arrest of the accused person. When presented before a court of law, the state is required to bring forth a prisoner held in custody so that the court can determine the lawfulness of the detention.2 It is for this reason that Habeas corpus is considered to be among the cornerstones of American civil liberties and has been used extensively as a powerful safeguard against unlawful arrests. The term ‘habeas corpus’ originates from the Latin maxim “to produce the body of”, whereby ‘habeas’ loosely translates to “you have” and ‘corpus’ refers to the body. The writ can be traced as far back as the British occupation of the United States. However, the most accurate detailed explanation of its origin is found in the British Magna Carta. ...
The American Constitution allows for the suspension of the writ of habeas corpus in cases of rebellion or the invasion of the public safety.4 Under the American history, the writ has been suspended severally, especially during the American civil war. The first suspension of the writ took place in 1861, where President Abraham Lincoln authorized a suspension of the writ upon the outbreak of riots, threats of succession and resident militia actions.5 Even then, this generated a public outcry in which the Maryland courts challenged the suspension of the writ.6 President Jefferson Davis repeated the same act upon the emergence of the American civil war. However, his suspension of the writ during the confederacy period earned him a lot mob criticism. This is because not only did he suspend the writ once, but also sought to seek the extension of the suspension through congress. Unlike in the north where the suspension arose from civil unrest, the suspension of the writ in the south was mainly to spur economic development that had been rampaged by the economic crisis of the south. Partly to blame for the extension of the suspension was the reasoning, by Jefferson Davis, that winning the confederacy war and uniting the northern and southern states was his priority. The extension of the martial law was just but the means to win the war over the south and return the south to economic prosperity. This therefore meant that when the attention of the world was upon the Confederacy, President Davis’ focus was solely upon how to win the war, no matter what it took and any step towards achieving this objective was acceptable. Jefferson Davis and the Confederacy The American civil war emerged as a fight to preserve the union that was the United States of America. ...Download file to see next pagesRead More
Comments (0)
Click to create a comment
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
John Adams vs. Thomas Jefferson
Both had mutual respect for one another but as the century came to its close, the president found himself distancing from the vice president. This was mainly because of the party politics. It is for this reason that the difference between these two people is often closely studied to re-evaluate the bygone days.
10 Pages(2500 words)Research Paper
School District Comparison Report: Corpus Christi ISD vs. United ISD
This report intends to provide certain information in a comparative form about two different schools districts; Corpus Christie ISD and United ISD. Report’s structure is selected based on the assumption that the reader should be able to locate easily desired area of information and view the comparison between the two school districts.
12 Pages(3000 words)Research Paper
Thomas Jefferson
Several people have made innumerable contributions to the development and progress of the country of United States amongst whom the name ‘Thomas Jefferson’ is one legendary, leading and prominent one.
5 Pages(1250 words)Research Paper
Are Circumcisions Necessary
In some cases, it is used to mark the transition from childhood to adulthood and is thus accorded high recognition. To others, it is conducted at a very tender age when the children do not have an idea over it. The practice is deemed to have some benefits as well as some demerits.
3 Pages(750 words)Research Paper
Jefferson State Community College Birmingham, AL Campus Police
Therefore, a need for realization of a better solution emerged, which consequently led to the establishment of campus police departments in all universities across the country. State and federal regulations are enacted to provide campus police officers with the right statutory mandate to perform their added duties.
4 Pages(1000 words)Research Paper
Civil Liberties, Habeas Corpus, and the War on Terror
All human beings are entitled to their civil liberties and habeas corpus rights, even during U.S. war on terror campaign. Question 1. The United States Constitution’s Article 1, Section 9. [2] States “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
6 Pages(1500 words)Research Paper
Habeus Corpus
The governmental official is expected to explain the legal justification for the detention of the prisoner. (Doyle, 2007). During the explanation, if the court considers the detention of the prisoner to be illegal then the court has the right to order the relevant authorities to release the prisoner immediately.
5 Pages(1250 words)Research Paper
Civil Liberties, Habeas Corpus, and the War on Terror
Habeas corpus is a primordial common law privilege writ under which an individual has undeniable right. It is actually an extraordinary remedy at law. The request for granting of a writ of habeas corpus is forwarded to a judge and if accepted, a prisoner must be presented before the judge.
7 Pages(1750 words)Research Paper
Thomas Jefferson and Franklin Delano Roosevelt
Legislative issues are part of the study or practice of the dissemination of force and assets of a given group and additionally the interrelationship(s) between groups. A political framework is a skeleton, which characterizes worthy political techniques inside a given society
8 Pages(2000 words)Research Paper
Final paper
It allows one institution of the government that is the court, into checking and balancing the actions of another branch, the police, in criminal proceedings. While the habeas corpus remains as a fundamental right of those
4 Pages(1000 words)Research Paper
Let us find you another Research Paper on topic Was the suspension of habeas corpus by Jefferson Davis necessary for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us