Abstract This paper looks at the history of HabeasCorpus and the role it plays in the law today. It looks at how the scope of HabeasCorpus has changed over time, what HabeasCorpus came to mean in English courts, and what it meant to the U.S. founding fathers when they included it in the Constitution. The paper then focuses on the history of HabeasCorpus in the U.S. by looking at how the Civil War, World War II, and Supreme Court rulings have affected and influenced its implementation. The paper also looks at limitations of HabeasCorpus and how Supreme Court rulings regarding HabeasCorpus have also affected the United States form of government.
Outline
The Start of HabeasCorpus Early Beginnings
American HabeasCorpus HabeasCorpus Act
HabeasCorpus HabeasCorpus Defined
The Great Writ
Judiciary Act of 1789
Suspension of HabeasCorpus Suspension by Lincoln
Testing the Issue
Seizing Power
After the Civil War
Resolution in 1924
Influence on World War II
Expansion in 1942
Abuse of the Writ
Total Exhaustion
1991 Decision
Limitations
Death Penalty and the Supreme Court
Effect on the Government
The Court's Decision
California and HR 4167
Handling of HabeasCorpus Proceedings
California HabeasCorpus Resource Center
Requirements for Habeas Counsel
2255's Original Purpose
Delay in Finality
Modern Day Sense
From the Paper "Habeas corpus was first introduced in England in 1215 when the Magna Carta was written. When habeas corpus was first used, it had a limited range. Over time the scope expanded due to jurisdictional disputes between the superior courts and local courts of England. Habeas corpus cum causa was the form of habeas corpus used by the courts which "compelled the sheriff to produce the prisoner who was the subject of the courts" jurisdictional dispute (Orye, law review).? A series of crucial cases which began with the Case of the Five Knights and concluded with the Chamber's Case questioned the ?validity of commitments, previously an incidental effect of the writ, making it a major object (Orye, law review).?"
Abstract This paper examines President Lincoln's suspension of the writ of habeascorpus throughout the Civil War. Habeascorpus is the right not to be held or imprisoned without being charged and given a trial. It looks at how Lincoln suspended the right in varying degrees throughout the war and used as a way to protect the Union from insurgents within. It explores how some have charged Lincoln with dictatorship and circumventing the Constitution for doing this. The paper takes on the argument that Lincoln was acting justly and in the best interest of his country. The paper explains each act of suspension, outlines what caused the suspension of the writ of habeascorpus, the Act that suspended the writ and what the stipulations were, and also what the outcome was. In addition, it examines the some arrests under the suspension, popular opinion, and the opinion of a Supreme Court judge. The thesis is that President Lincoln suspended the writ of habeascorpus for the good of the nation and to protect it from those who wished to do the government harm, and in doing so, held this nation together in its most trying time.
Outline
Lincoln Acts to Protect the Capitol
Getting a Hold on Suspending HabeasCorpus The Policy Questioned
Lincoln Answers for His Actions
Expanding the Suspension
Congress Supports the President
Lincoln Defends His Policy
HabeasCorpus Suspended Nationwide
The Last Suspension Proclamation
From the Paper "As the American Civil War began to come to a rolling boil President Lincoln was faced not only with rebels in the South but insurgents within the Union as well. There was no question how to deal with the rebels in the South who took up arms against the government. But those in the North who attacked their government in other ways were another, more difficult issue. One effective way to deal with these insurgents was to detain them for their own safety and for the safety of the nation. But many times this proved difficult because the insurgents could not be formally charged and without being formally charge the writ of habeas corpus allows them not to be detained."
Tags: merryman, rights, taney, congress, north, south
Abstract This paper examines Abraham Lincoln's actions regarding habeascorpus during the Civil War. The paper describes how Lincoln suspended the writ of habeascorpus so that anti-Unionists might be summarily arrested. The paper presents various cases of arrests and imprisonments that occurred due to Lincoln's actions. Civil rights issues are discussed as are reactions to Lincoln's suspension of the writ of habeascorpus.
From the Paper "Abraham Lincoln's suspension of the writ of habeas corpus was considered by some to be the act of a traitor. Habeas corpus protects individuals from arbitrary imprisonment by the government and is for all intents and purposes, a right provided by the Constitution. Lincoln's suspension raised questions about civil rights that ring familiar in light of the Patriot Act. While Lincoln defended his actions as preventative measures when the country was in a time of war, many individuals challenged his decision. In a historical context, Lincoln's action was not a coup d??tat, but rather an act intended to prevent tension that existed within the country from growing out of control."
Abstract This paper explores the origins and history of habeascorpus, from its roots that predate the Magna Carta through to the present day, where it is being employed to the benefit of hundreds that wrongly languish in prison. The paper also explains the distinction between civil right and civil liberty and discusses which applies to habeascorpus. Lastly, the paper looks at the historic ups and downs of habeascorpus and discusses its unique place in the Constitution, separate from provisions contained in the Bill of Rights.
From the Paper "Rights and liberties need to be at their strongest when public support is at its weakest. Civil rights are decreed by law, civil liberties are God given, and the actions of legislatures are inevitably governed by the politics of the time. Habeas corpus is a civil liberty included among the "self evident truths" of the Declaration of Independence, and alone one of the civil liberties that can be suspended by acts of the government during times of crisis. The president judged by history as one of the best, sought to suspend these liberties in time of extreme crisis in the nation's young history. It was circumvented to increase support during a world war, to intern "dangerous" citizens during another, and to grant due process rights to perpetrators of the war for the new millennium. It is now freeing hundred of wrongly convicted people of a crime. The future of habeas corpus is uncertain in the short term, but solid in the future as all inalienable rights bestowed upon the common man by his creator."
Tags: legislature, supreme court, society, magna carta
Abstract The paper discusses "HabeasCorpus", a comedy written in the early 1970s by a British playwright Alan Bennett. The play is set in the 1960s Britain, the era of sexual revolution and turmoil in society. The play is set up in a typical British town in the 1960s. The paper analyzes how, on the surface it is a farce about sexual relations, and when it was first shown in the early 1970s, it must have been somewhat daring, even scandalous.
Abstract The paper reviews the play "HabeasCorpus" by British playwright Alan Bennett. This two acts play, written in 1973 and set in the 1960s explores homosexuality.
Argues that Abraham Lincoln's Civil War suspension of the writ of habeascorpus represents a quintessential example of the breakdown of separation of powers and checks and balances.
Abstract This paper shows that the danger of tyrannical abuses of power that had once so deeply concerned the Anti-Federalists was realized by Abraham Lincoln's abuses of his executive power that took place during the American Civil War. The paper argues that the most important of these was his suspension of the writ of habeascorpus. Other actions that may have exceeded the limits of presidential authority included the closing of mail services to publications considered to be treasonous, the imprisonment of individuals who had merely exercised their First Amendment rights to free speech by publicly opposing the war and Lincoln's actions, and several financial arrangements in support of the war, such as paying civilians a total of $2 million to assist in military recruiting. The paper explains that under the Constitution, Congress rather than the president has the authority to declare war and to control the mails, the military and the purse.
From the Paper "During the critical formation stages of our government, several issues on which many of the Founding Fathers disagreed still demanded to be resolved. One of the major problems that bothered the Anti-Federalists was the amount of power provided to the executive, which they believed was too extensive and far-reaching. They feared that this excessive authority might eventually allow the executive to become tyrannical, and a tyrannical executive power was exactly what these men had managed to escape from in England through the Revolutionary War. Less than a century after the Founders had abandoned the Articles of Confederation and the states had ratified our Constitution, the executive did in fact demonstrate this dangerous foray into tyrannical abuses of power that had once so deeply concerned the Anti-Federalists."
Abstract The paper attempts to demonstrate that the USA Patriot Act is a prudent and necessary legislation to protect the United States from the real threat of terrorism. The paper argues that the perceived threat to our civil liberties is unfounded. The paper compares the provisions of the Act to truly outrageous actions taken in the past by a government in crisis, such as the Alien Sedition Acts of 1798 and the suspension of habeascorpus by President Lincoln.
From the Paper "The USA Patriot Act is the often discussed, much maligned, and little understood legislation that was put forward in response to the tragic aftermath of the 9/11 attacks that destroyed the World Trade Center in New York, heavily damaged the Pentagon in Washington D.C., and left a crater in Shanksville, Pennsylvania as a testimony to the heroics of ordinary citizens faced with the new reality of life during the first war of this young century. This abbreviated name wrongly suggests a simple law, and has been the target of many groups citing the end of personal civil liberties and the coming of a new police state. Nothing could be farther from the truth, in fact, this Act is extremely complex, far less reactionary that previous laws enacted during wartime, and fundamentally necessary to protect our fellow citizens from another early morning tragedy to unfold on live television."
Abstract This paper is on the development of the corpus Pauline literature from occasions for the writing of the letters themselves and the earliest collection of letters to the final canonical stage. It also discuss the reasons for the writing of new letters in the name of Paul, the later use of Paul's letters, and the controversies surrounding the heritage of the great apostle to the Gentiles.
Abstract This paper goes over the challenges that Abraham Lincoln faced during his presidency, as well as the sources of these challenges. Topics covered include the various elements of the Civil War Crisis, his suspension of the writ of habeascorpus, his issuing of the emancipation proclamation, and many others. This is an in-depth analysis of Lincoln's presidency, from several points of view.
From the Paper "Today, it seems unfathomable that Abraham Lincoln be considered anything besides a great war leader and one of the greatest presidents in the history of the United States of America. While he was in office, however, many Americans, both from the North and the South did not share this opinion. During his presidency, Lincoln acquired many enemies and made a number of decisions that made him a target of great hostility. No matter what measures Lincoln took, ultimately, he was criticized. If he leaned one way, he would be chastised by one group, and if he leaned the other way, harsh words would reign down upon him from another sector of society. Basically, Lincoln found himself in a no win situation."
Abstract The paper discusses the case of "Solesbee versus Balkcom", which highlighted whether a Georgia State Code that permits the governor to determine whether a convict has become insane after his or her conviction and sentence, violates the U.S. Constitution. The paper notes that the Georgia Code Sections 27-2602, provides the governor with the authority to appoint medical doctors to examine a convict and make a declaration of sanity or otherwise. The paper records that Solesbee had been convicted of murder and sentenced to death. The paper notes that application was made to the governor for a postponement of this execution on the grounds that since his conviction he had become insane. This paper investigates the background of the case, procedural history of "Solesbee versus Balkcom" summation of the case, the high Court's decision, their rationale of their decision, and personal notes on the Solesbee case.
Outline:
Introduction
Citation
Short Statement of Facts - Background
Brief Procedural History
Summation
Court's decision
Rationale of the Court
Notes
From the Paper "The U.S. Supreme Court ruled that the due process clause merely prevents a conviction and sentence without providing for a particular process to run its course. Taken at its highest it merely prevents the execution of an insane person and by doing so does not prevent any State implementing a policy for determining whether or not the person who is sentenced is sane or not. The determination of such a question is entirely discretionary and invokes medical rather than legal questions. The discretion afforded the governor, who must consult with medical doctors, cannot be said to give rise to a contravention of the due process clause contained in the Fourteenths Amendment to the U.S. Constitution. "
Tags: conviction, sentence, constitutional, habeas, corpus
Abstract The paper examines the literature to explore how the use of mass communication and innovations in technology have affected security and justice issues. The paper also looks at how the rights of American citizens have been adversely affected by the USA PATRIOT Act and other recent legislation. The paper believes that when and if the current real and perceived threats against the nation are resolved, the concept of justice will reassume center stage and civil rights advocates will demand the rights guaranteed them by the U.S. Constitution rather than the watered-down rights offered today. The paper concludes that justice and security are not mutually exclusive, and a balanced approach can be achieved in any situation, even when the nation is at war.
Outline:
Review and Discussion
Conclusion
From the Paper "It is possible to secure justice from a strictly legal perspective no matter what the national security climate may be, because the legal definition of "justice" suggests that it is a social construct that is subject to judicial whim and the interpretation of the laws of the land at any given point in time. For example, according to Black's Law Dictionary (1991), justice is, "The proper administration of laws. In jurisprudence, the constant and perpetual disposition of legal matters or dispute to render every man his due" (p. 864). The nebulous concept of "every man's due," though, depends on what the law says it is and this concept changes according to the level of threat the country may be experiencing. According to Abdolian and her colleagues (2003), "Under the pretense of enhancing national security, the USA PATRIOT Act concentrates increased new powers in the executive branch of government, while decreasing judicial oversight" (p. 1429)."
Abstract This paper examines how although both religious drama in Ancient Greece and Medieval England stage dramatic performances around religious festivals, the antique and medieval periods are characterised by radically different scenic conventions. It compares the English "mystery plays" centered around the Feast of Corpus Christi with the Greek mystery plays from the previous millennium which were also based around religious festivals.
From the Paper "The audience would watch from the theatron, a tiered seating area set into the side of the hill with large seating capacities. This brings us to the question of audience experience: how would someone fifty rows up experience the action taking place in the orchestra or on the skena? The first matter is that of acoustics; the structure of the theatre provides for sound to travel to the uppermost rows, ensuring that the audience does not miss the dialogue wherever they sit. Brightly colored costumes, as well as large masks, allow the audience to track the characters easily from large distances, and to tell the difference when the same actor plays multiple characters. "
Abstract This paper looks at various features of pregnancy, including the events of fertilization, the difference between cleavage and post-birth mitosis, the corpus luteum, and factors inducing parturition.
From the Paper "Fertilization is the union of the sperm cell nucleus with the egg cell nucleus to produce a single cell the zygote. During ovulation a secondary oocyte surrounded by a zona pellucida and acorona radiata is released from the surface of ovary and enters the uterine tube. As it travels through the female reproductive tract the sperm undergoes capacitation which weakens the membrane around the acrosome allowing the release of enzymes. Thousands of sperm acrosomes release enzymes when they reach the secondary oocyte and it breaks...
Tags: fertilization, cleavage, corpus luteum, parturition
Abstract This paper explains that language policy is a big problem in developing countries, especially in the Maghreb world, which was under the French rule: Tunisia, Algeria and Morocco. The paper defines language planning (LP) as the activity of preparing a normative orthography, grammar and dictionary for the guidance of writers and speakers in a non-homogeneous speech community and relates that language planning includes language policy. The paper then discusses corpus, status and acquisition planning using examples mainly from the French Academy and the Hebrew revival movement.
Table of Contents:
A Theoretical View on Language Planning (LP)
Introduction
Definitions and Elements of LP
The Term "Language Planning"
Two Different Definitions of LP
Elements of Language Planning
Types of Language Planning
Corpus Planning
Status Planning
Acquisition Planning
Examples of Language Planning and Language Planning Policies
The "Academie Francaise" as an Example of Corpus Planning
The Promotion of Hebrew in Palestine as an Example of Status Planning
Examples of Language Planning Policies: Policy A, B, C.....
From the Paper "Richelieu established the AF. In 1624, he became first minister in Louis XIII. Richelieu was so close to artists, writers in particular. In 1629, a group of men interested in language and literature started to meet at a rich man's house just for conversation. Richelieu wanted to transform this club into an official institution serving the country. He formed this group into an official body. He had a political purpose. He wanted them to work on his behalf by supporting his policies, which is the main reason behind his finding of the AF. "
