The Writ of Habeas Corpus

Q:  What is the Writ of Habeas Corpus?

A:  “Legal Action which requires a person under arrest to be brought before a judge or into court.”

Q: How did Habeas Corpus come into being?

A:  “The practice and right of Habeas Corpus was settled practice and law at the time of Magna Carta and was thus a fundamental part of the unwritten common “law of the land” as was expressly recognized by Magna Carta.”

 

Q:  Why do we have the Writ of Habeas Corpus?

A: “It’s the right of habeas corpus that makes the thought of being illegally imprisoned in a democratic society such a far-off idea. Habeas corpus is a prisoner’s one way to question the legality of his or her imprisonment.”   

Q: Who is covered under Habeas Corpus?

A: This is a difficult question to answer. In the future I really need to stick to the softball questions when interviewing myself. The short of it is the Supreme Court says everyone has this right:

“However in Hamdi v. Rumsfeld (2004)[30] the U.S. Supreme Court re-confirmed the right of every American citizen to access habeas corpus even when declared to be an enemy combatant. The Court affirmed the basic principle that habeas corpus could not be revoked in the case of a citizen. “ Wikipedia

But Congress, Senate and Presidents disagree.  Abraham Lincoln suspended the right during the Civic War. Congress passed the Patriot Act which hampers it.  President Bush jr and President Obama helped put another couple of nails in the coffin.  The bottom line is if the People of the republic of America do not defend the Writ of Habeas Corpus then is shall fade into the night.  The Writ of Habeas Corpus will become another neat idea that used to be.

Below are the resources I used for the Article.

http://wiki.answers.com/Q/What_does_the_writ_of_habeas_corpus_mean

http://www.lectlaw.com/def/h001.htm

http://www.habeascorpus.net/hcwrit.html no longer online

http://people.howstuffworks.com/habeas-corpus-important.htm

http://en.wikipedia.org/wiki/Habeas_corpus

 

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