Final - Research Paper Example

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The concept of habeas corpus, English in origin, literally means that “you have the body,” which means that the court is capable of forcing the police into producing a prisoner before them to review their case (Clark, 2008). While it is complex when being used, a writ of…
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Download file to see previous pages Making it; therefore, sometimes a casualty of the American desire for security in times of crisis (Milton, 1989). In the essay, the historical evolution of habeas corpus, which includes its English and American traditions, will be examined. The suspension or rescheduling of the habeas corpus in the U.S. history and its relevance to the contemporary U.S. situation in the time of war on terror will also be examined.
The American philosophy of habeas corpus originates in the common law that was brought into the United States from England. Sir William Blackstone in his commentaries on the Laws of England, credited the origin of the Writ of habeas corpus principles to the ancient Saxons who conquered England immediately after withdraw of Roman Empire from British Isles (Howard, 1995). Habeas corpus, therefore, denotes to the legal precedent that holds that an accused may not be detained in custody when there is not just cause. Blackstone described the early purpose of the writ of habeas corpus as ensuing from the assumption that the president of the king should have account at all times, why the liberty of any of their citizens or subjects is restrained, wherever that hold back might be inflicted. Articles 1, section 9, Clause 2 of the U.S. Constitution upholds the practice of the use of the writ of habeas corpus (Howard, 1995).
In the North American history (USA), there has been instances where the writ of habeas corpus procedure being suspended. For an instant, Abraham Lincoln, the president of U.S. succeeded in having it suspended during the Civil. This led to allowing the imprisonment of military members, prisoners of war and any suspended traitors and spies were to be held for the time of the war without being given trial. In addition, Confederate President Jefferson Davis had habeas corpus suspended in the Confederate States of America. During the World War II, the ...Download file to see next pagesRead More
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