Habeas Corpus - Civil Liberty or Civil Right Term Paper by Quality Writers

Habeas Corpus - Civil Liberty or Civil Right
An analysis of civil liberties and civil rights and which of them applies to habeas corpus.
# 102677 | 3,137 words | 15 sources | APA | 2008 | US
Published on Mar 31, 2008 in Law (Civil) , Law (Criminal) , Law (Constitution) , History (General)

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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."

Sample of Sources Used:

  • Black, Henry Campbell. (1979). Black's Law Dictionary. St. Paul: West Publishing Company
  • Donald, David Herbert (1995). Lincoln. New York: Simon & Schuster, Inc.
  • Eyewitness Misidentification. (2007) Innocence Project website. Retrieved March 13, 2007 from http://www.innocenceproject.org/understand/Eyewitness- Misidentification.php
  • Hamdan v. Rumsfeld, 126 S.Ct. 2749 (2006)
  • Karon, Tony. (2002) Person of the Week: Jose Padilla. Time Online website. Retrieved, March 18, 2007 from http://www.time.com/time/nation/article/0.8599.262269. 00html

Cite this Term Paper:

APA Format

Habeas Corpus - Civil Liberty or Civil Right (2008, March 31) Retrieved May 28, 2023, from https://www.academon.com/term-paper/habeas-corpus-civil-liberty-or-civil-right-102677/

MLA Format

"Habeas Corpus - Civil Liberty or Civil Right" 31 March 2008. Web. 28 May. 2023. <https://www.academon.com/term-paper/habeas-corpus-civil-liberty-or-civil-right-102677/>