Habeas Corpus

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Related to Great writ: Habeas petition

Habeas Corpus

A writ one may file requiring the custodian of a prisoner to justify in court that the imprisonment is legal. For example, if one is arrested without proper warrant, one may file habeas corpus for one's release. It should be noted that the right to file habeas corpus may be suspended in national emergencies or for other reasons. The concept comes from English common law.
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References in periodicals archive ?
Bergman, Great Writ Endangered, THE CHAMPION, September/October 2005, at 4; see also Celestine Richards McConville, The Right to Effective Assistance of Capital Postconviction Counsel: Constitutional Implications of Statutory Grants of Capital Counsel, 2003 Wis.
(49.) Halliday, supra note 2, at 2 ("[T]he writ's history has traditionally been approached as something grander, told as the tale of liberty: 'the Great Writ of Liberty,' as we have called it for three hundred years.").
The Great Writ does not recognize a hierarchy in constitutional violations worthy of vindication.
It is probably the most accessible overview of the contours of the Great Writ that I have read.
(6) As those incarcerated--often for long periods as suspected terrorists or their aiders or abettors--under special powers and without access to the evidence against them will no doubt attest, the protections of the "Great Writ" are a cruel joke.
This dialectical balance between different modes of government power has underscored the Great Writ's development over time and explains why, despite many appeals to the fundamental principles of liberty involved, most modern court decisions appear to hinge on the question of whether one government official has the lawful authority to step in to scrutinize the powers of another.
of the Great Writ has received a significant amount of attention in
Freedman argues that the "Great Writ"--in particular the authority of federal courts to review the petitions of state prisoners--has been unjustly limited.
And why do we have the Great Writ? We have the Great Writ because we didn't trust the executive branch when we founded this government....
One is the Great Writ, a common law institution dating back to the Magna Carta and guaranteed by Article I of the U.S.
Does the history of the Great Writ, the "highest remedy in law, for any man that is imprisoned,"(80) really offer such a limited scope of judicial review?
Columnists Anthony Lewis and Nat Hentoff have strongly criticized the President for eagerly supporting and signing Republican bills that weaken the "great writ" of habeas corpus and seriously endanger other civil liberties of Americans and legal residents.