Habeas
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A Treatise Of The Writ Of Habeas Corpus
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Author : William Smithers Church
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2013
A Treatise Of The Writ Of Habeas Corpus written by William Smithers Church and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
This comprehensive work discusses all aspects of the writ and its jurisdiction in English common law and United States federal and state courts. Includes an examination of issues of bail, foreign and interstate extradition, the return, pardon, custody, etc. and a thorough history of the writ that traces its history to the Roman Edict.
The Law Of Habeas Corpus
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Author : Judith Farbey
language : en
Publisher: Oxford University Press
Release Date : 2011-02-24
The Law Of Habeas Corpus written by Judith Farbey and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-02-24 with Law categories.
Habeas corpus is the principal means under the common law for the protection of personal liberty. By this ancient writ, the court assumes control over the body of a prisoner so it can discharge him or her to freedom if no proper legal cause can be shown for detention. Habeas corpus secures release from any form of custody, whether decreed by the highest powers of the state or the lowest gangland slave-trader. Its reach is as diverse as the forms of confinement. For just two examples beyond the prison wall, a patient wrongly detained for compulsory medical treatment can invoke its protection and it can even be deployed to determine the proper parental custody of a child. This volume looks first at the historical development of the writ, tracing its growth in significance until its emergence as an item of central constitutional importance. Having established the traditional place of habeas corpus, the volume goes on to examine the limits of the remedy today. It describes the modern workings of the application for habeas corpus and assesses the scope, function, and role of the procedure. It explores the relationship between habeas corpus and fundamental rights. The volume critically surveys the nature of judicial review on habeas corpus and investigates past, present, and potential future uses of the writ. It aims to provide a comprehensive statement of current English law, with added discussion of the position in other Commonwealth countries. The volume concludes with a guide to procedure and sample forms.
World Habeas Corpus
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Author : Luis Kutner
language : en
Publisher:
Release Date : 1962
World Habeas Corpus written by Luis Kutner and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1962 with Habeas corpus (International law). categories.
Advocates the establishment of international procedures to guarantee freedom from arbitrary arrest and detention.
Habeas Corpus
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Author : iMinds
language : en
Publisher: iMinds Pty Ltd
Release Date : 2014-05-14
Habeas Corpus written by iMinds and has been published by iMinds Pty Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-14 with Law categories.
Learn about the principal of Habeas Corpus with iMinds insightful knowledge series. Habeas corpus is a Latin phrase which means 'have the body'. It is a legal writ, or order, that a court may make, requiring a prisoner to be brought before it so that the lawfulness of their detention may be determined. The fundamental principle behind the writ is that no-one should be detained without cause. The origins of the writ are in English common law, and its use has been traced back to at least the early 1300s. Habeas corpus was adopted into the constitutions of many of the countries that incorporated English law, including the United States and Canada. As such it is often thought of as a constitutional guarantee against arbitrary detention. iMinds brings targeted knowledge to your eReading device with short information segments to whet your mental appetite and broaden your mind.
The History And Law Of The Writ Of Habeas Corpus
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Author : Edward Ingersoll
language : en
Publisher:
Release Date : 1849
The History And Law Of The Writ Of Habeas Corpus written by Edward Ingersoll and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1849 with Grand jury categories.
Habeas Corpus
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Author : Paul D. Halliday
language : en
Publisher: Harvard University Press
Release Date : 2012-04-02
Habeas Corpus written by Paul D. Halliday and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-02 with History categories.
We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantnamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.
An Inquiry Into The Nature And Effect Of The Writ Of Habeas Corpus
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Author : Earl Charles Pratt Camden
language : en
Publisher:
Release Date : 1758
An Inquiry Into The Nature And Effect Of The Writ Of Habeas Corpus written by Earl Charles Pratt Camden and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1758 with Habeas corpus categories.
The Law Of Habeas Corpus In Ireland
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Author : Kevin Costello
language : en
Publisher:
Release Date : 2006
The Law Of Habeas Corpus In Ireland written by Kevin Costello and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with History categories.
Habeas corpus - the common law process for obtaining the release of the illegally detained - is now embedded in the Irish legal system as Article 40.4.2 of the Constitution of Ireland. The law of habeas corpus in Ireland is the first full study of Article 40.4.2. It provides an account of the historical development of the remedy in Ireland, of the character of the investigation conducted on an Article 40.4.2 enquiry, and of the procedural features of the remedy.
The Body And The State
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Author : Cary Federman
language : en
Publisher: State University of New York Press
Release Date : 2012-02-01
The Body And The State written by Cary Federman and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-01 with Social Science categories.
The writ of habeas corpus is the principal means by which state prisoners, many on death row, attack the constitutionality of their conviction in federal courts. In The Body and the State, Cary Federman contends that habeas corpus is more than just a get-out-of-jail-free card—it gives death row inmates a constitutional means of overturning a jury's mistaken determination of guilt. Tracing the history of the writ since 1789, Federman examines its influence on federal-state relations and argues that habeas corpus petitions turn legal language upside down, threatening the states' sovereign judgment to convict and execute criminals as well as upsetting the discourse, created by the Supreme Court, that the federal-state relationship ought not be disturbed by convicted criminals making habeas corpus appeals. He pays particular attention to the changes in the discourse over federalism and capital punishment that have restricted the writ's application over time.
Habeas For The Twenty First Century
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Author : Nancy J. King
language : en
Publisher: University of Chicago Press
Release Date : 2011-03-25
Habeas For The Twenty First Century written by Nancy J. King and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-25 with Law categories.
For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our time—among them terrorism, immigration, crime, and the death penalty. Yet, in recent decades, habeas has been seriously abused. In this book, Nancy J. King and Joseph L. Hoffmann argue that habeas should be exercised with greater prudence. Through historical, empirical, and legal analysis, as well as illustrative case studies, the authors examine the current use of the writ in the United States and offer sound reform proposals to help ensure its ongoing vitality in today’s justice system. Comprehensive and thoroughly grounded in a modern understanding of habeas corpus, this informative book will be an insightful read for legal scholars and anyone interested in the importance of habeas corpus for American government.