writ of habeus corpus?

Question

does anybody know how to write a paper on the subject of the writ of habeus corpus if so answer me!

Answer 1

Here's a simple outline:

I. Definition of habeas corpus
II. Use in English Common Law
III. Use in American Law/Constitution
IV. Suspension of habeas corpus during the Civil War
V. Habeas corpus and the Patriot Act
VI. Predictions as to what will happen to habeas corpus in the future.

Answer 2

It means that the state is holding the person illegally, or without charge. The Writ is simply the legal document that puts forth the charge to the judge so that the judge can sign it and get the prisoner released. For instance, the police can arrest you and hold you for three days without a charge on probably cause. After that, they must officially charge you with something and have a judicial arraignment on that charge. If no charge is brought and you are continuing to be held, then habeas corpus is in effect and a writ can issue for your release. Another scenario is that you are charged with a crime but it is the wrong charge or the wrong crime. A writ can be issued telling the judge that they have the wrong person or that the person is being held wrongfully.

Answer 3

Habeas corpus is Latin for "you have the body." This is a name given to a Writ ordering someone to bring a prisoner to a court or a judge. In practical terms, it avoids a person being detained without a hearing. The primary function of the Writ is to release a person from unlawful imprisonment. It's rare, but it has been used in civil cases to require a parent to produce a child for visitation or custody, but we now have more effective ways to deal with that issue. This is a very old procedure from English law to stop the king from imprisoning people indefinately.

Answer 4

It depends on what the paper is supposed to talk about.

Writing about the historical origins of the writ and why it's included in the Constitution is one thing. Writing about recent (and historical) attempts by Congress to prevent detainees from filing the writ is a different subject. Writing a paper describing the legal theory of when the writ should be granted is another.

As with any paper, you need to narrow down the subject. Start by understanding what the writ is. If it's a general paper, you may want to talk about all of the above, and maybe more.

Answer 5

You probably already know what a hc petition is for, but perhopas a better angle is how far does it extend? As aconstitutional matter, is this a limit on the government's ability to hold people, or is it a limit on who can be held within the US borders? It seems like an easy question to me, but thre is constant discussion of this these days in the legal community. Are the American authorities obligated to follow the constitution at Gitmo? The detainees there say yes...the DC Circuit recently said no.