Abstract
This paper looks at the history of Habeas Corpus and the role it plays in the law today. It looks at how the scope of Habeas Corpus has changed over time, what Habeas Corpus 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 Habeas Corpus 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 Habeas Corpus and how Supreme Court rulings regarding Habeas Corpus have also affected the United States form of government.

Outline
The Start of Habeas Corpus
Early Beginnings
American Habeas Corpus
Habeas Corpus Act
Habeas Corpus
Habeas Corpus Defined
The Great Writ
Judiciary Act of 1789
Suspension of Habeas Corpus
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 Habeas Corpus Proceedings
California Habeas Corpus 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).""

Tags:warrant, prisoners, judgement, appeal, conviction, piece, of, paper, served, government, official, body, authority, detained, custody

Abstract
This paper examines President Lincoln's suspension of the writ of habeas corpus throughout the Civil War. Habeas corpus 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 habeas corpus, 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 habeas corpus 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 Habeas Corpus
The Policy Questioned
Lincoln Answers for His Actions
Expanding the Suspension
Congress Supports the President
Lincoln Defends His Policy
Habeas Corpus 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 explores the origins and history of habeas corpus, 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 habeas corpus. Lastly, the paper looks at the historic ups and downs of habeas corpus 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
This paper examines Abraham Lincoln's actions regarding habeas corpus during the Civil War. The paper describes how Lincoln suspended the writ of habeas corpus 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 habeas corpus.

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."

Tags:civil, war, rights, arrest

Abstract
This paper explores the origins of the writ of habeas corpus from is early manifistation that predate the Magna Carta through its present day applications in the release of prisoners exonerated by DNA evidence. The nature of habeas corpus being a civil liberty rather than a civil right and the differece between the two will also be explained. Also present day implications, including the legal concept's impact on wrongful conviction cases, are explored.

From the Paper
'bstract This paper shall explore the origins and history of habeas corpus, from its roots that predate the Magna Carta through the present day where it is being employed to the benefit of hundreds that wrongly languished in prison. The distinction between civil right and civil liberty will be explain, and which applies to habeas corpus. Habeas corpus has had its historic ups and downs, and has a unique place in the Constitution, separate from provisions contained in the Bill of Rights. Habeas Corpus - Civil Liberty or Civil Right? You have the body, Habeas corpus, an order to release a person from ..."

Tags:sentence, reverse, wrongful, conviction, innocent, appeal

Abstract
The paper discusses "Habeas Corpus", 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.

Tags:review, theater, habeascorpus

Abstract
The paper reveals statistics that show how there are a significant number of people who are wrongfully incarcerated. The paper discusses how the criminal justice system is prone to error, and therefore is plagued with false convictions. The paper argues that since false convictions have no positive impact on society, the federal courthouse doors must remain open to state defendants seeking habeas corpus review. The paper also contends that even if the majority of appeals will be meritless, innocent defendants should not suffer as a result.

From the Paper
"The United States Constitution unequivocally provides for the writ of habeas corpus. Article One, section 9 of the Constitution states, "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." (U.S. Const. art. I, 9). However, as originally construed, the writ of habeas corpus only applied to people held in federal custody, not those held in custody by state or local governments. However, Congress expanded the power of the federal courts to grant writs of habeas corpus with 28 U.S.C.S. 2241, which permitted federal courts to issue writs of habeas corpus for almost any person being held by any governmental entity in the country. (28 U.S.C.S. 2241). Therefore, while the writ of habeas corpus began as an extraordinary remedy, federal law, combined with activist interpretations by the Supreme Court under Justice Warren in the 1950s and 1960s, gave federal courts an increasing ability to review the validity of lower court decisions."

Tags:convictions, incarceration, criminal, justice, exoneration

Abstract
The paper reviews the play "Habeas Corpus" by British playwright Alan Bennett. This two acts play, written in 1973 and set in the 1960s explores homosexuality.

Tags:habeascorpus, play, review

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 habeas corpus. 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."

Tags:federalist, Framer, Madison, John, Merryman, Confederacy

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 habeas corpus 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."

Tags:legislation, habeas, corpus, civil, liberties, terrorism, discrimination