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 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
The paper discusses the topic of the war on terrorism in America. Specifically it discusses how the American war on terrorism has created numerous threats to civil liberties in the USA. The paper states that many Americans fear the threat of another terrorist attack, and believe the government has the right to take any measures necessary to keep that from happening. The paper concludes that many of the government's tactics threaten the civil liberties of Americans, a topic that is often overlooked in the war on terrorism.

From the Paper
"However, there are many areas where experts show American civil liberties are being threatened or decreased. For example, recent Congressional inquiries and votes indicate the concern over loss of civil liberties when it comes to phone surveillance and records. After 9/11, the US Patriot Act modified many rules and regulations regarding gathering foreign and domestic intelligence. One of the most controversial was the ability to wiretap or listen to phone, wireless phone, and email communications. Before 9/11, there were stringent guidelines on what type of communication could be wiretapped, and suspects who were wiretapped had to be notified if the evidence collected could be used against them in court. The Patriot Act relaxed these rules, making it much easier for agencies to wiretap both foreign and domestic phone calls, with little or no provocation. This means that the government essentially can listen to any conversation they want to, whether they believe it has a relationship to the war on terror, or not, which is clearly a violation of the right to privacy guaranteed in the Constitution (Etzioni 52). A recent bill would have absolved communications companies of any liability in these wiretapping cases, but Congress defeated that bill, indicating the growing concern over the loss of civil liberties."

Tags:civil, liberties, terrorism

Abstract
The paper discusses the dilemma of expanding national security operations and the loss of civil liberties.

From the Paper
"The terrorist attack on the United States on September 11 awakened both the government and the American public to the country's vulnerability to the determination of terrorist groups to inflict great harm and suffering on civilian targets. Almost immediately thereafter, President George W. Bush, supported almost unanimously by the U.S. Congress, called for legislation that would significantly expand the intelligence gathering powers of law enforcement agencies and the government. Over time, this expansion of powers has come under attack by those who..."

Tags:civil liberties, national security

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

Abstract
This is an essay in favor of the USA Patriot Act of 2001. It reviews the provisions of the act title by title, and compares arguments against the USA Patriot Act as infringing upon civil liberties to actions taken in the past by the federal government. It compares the USA Patriot Act to the Alien Sedition Acts of 1798, suspension of habeas corpus by President Lincoln, the Sedition Act of 1918, and the internment of US citizens during WWII.

From the Paper
"This paper shall put forward arguments in favor of the USA Patriot Act of 2001. It will show that the primary thrust of the Act is to make existing laws apply to terrorists and their supporters. The cause for alarm or threat of the loss of civil liberties is unfounded. It will compare the provisions of the Act to actions taking previously by the Federal Government in times of crisis, and the real assault that civil liberties had taken in the past. The Alien Sedition Acts of 1798, suspension of habeas corpus by President Lincoln, the Sedition Act of 1918, and the internment of American citizens by President Roosevelt during World War II..."

Tags:terrorism, patriot act, necessary

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)."

Tags:Patriot, Act, habeas, corpus, civil, liberties