The Power of Habeas Corpus in America - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Power of Habeas Corpus in America write by Anthony Gregory. This book was released on 2013-04-15. The Power of Habeas Corpus in America available in PDF, EPUB and Kindle. 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.
Federal Habeas Corpus
Federal Habeas Corpus - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Federal Habeas Corpus write by Charles Doyle. This book was released on 2007. Federal Habeas Corpus available in PDF, EPUB and Kindle. 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.
Habeas Corpus in America
Habeas Corpus in America - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Habeas Corpus in America write by Justin J. Wert. This book was released on 2023-09-15. Habeas Corpus in America available in PDF, EPUB and Kindle. For most Americans, habeas corpus is the cornerstone of our legal system: the principal constitutional check on arbitrary government power, allowing an arrested person to challenge the legality of his detention. In a study that could not be more timely, Justin Wert reexamines this essential individual right and shows that habeas corpus is not necessarily the check that we've assumed. Habeas corpus, it emerges, is as much a tool of politics as it is of law. In this first study of habeas corpus in an American political context, Wert shifts our collective emphasis from the judicial to the political-toward the changes in the writ influenced by Congress, the president, political parties, state governments, legal academics, and even interest groups. By doing so, he reveals how political regimes have used habeas corpus both to undo the legacies of their predecessors and to establish and enforce their own vision of constitutional governance. Tracing the history of the writ from the Founding to Hamdi v. Rumsfeld and Boumediene v. Bush, Wert illuminates crucial developmental moments in its evolution. He demonstrates that during the antebellum period, Reconstruction, Gilded Age, Great Society, and the ongoing war on terrorism, habeas corpus has waxed and waned in harmony with the interests of majoritarian politics. Along the way, Wert identifies and explains the political context of fine points of law that many political scientists and historians may not be aware of—such as the exhaustion rule requiring that a federal habeas participant must first exhaust all possible claims for relief in state court, a maneuver by which the post-Reconstruction Court abandoned supervision of race relations in the South. Especially in light of the new scrutiny of habeas corpus prompted by the Guantánamo detainees, Wert's book is essential for broadening our understanding of how law and politics continue to intersect after 9/11. Brimming with fresh insights into constitutional development and regime theory, it shows that the Great Writ of Liberty may not be so great as we have supposed-because while it has the potential to enforce conceptions of rights that are consistent with the best ideals of American politics, it also has the potential to enforce its worst aspects as well.
Habeas Corpus After 9/11
Habeas Corpus After 9/11 - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Habeas Corpus After 9/11 write by Jonathan Hafetz. This book was released on 2012-08-20. Habeas Corpus After 9/11 available in PDF, EPUB and Kindle. Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.
A Constitutional History of Habeas Corpus
A Constitutional History of Habeas Corpus - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook A Constitutional History of Habeas Corpus write by William F. Duker. This book was released on 1980-11-21. A Constitutional History of Habeas Corpus available in PDF, EPUB and Kindle.
