Habeus Corpus Essay

2254 Words Sep 18th, 2013 10 Pages
Running head: CORPUS 1

Suspension of Habeas Corpus
Linda Nance
POL 201 – American National Government
Instructor: Jamie Way
August 12, 2013

Running head: CORPUS 2 Suspension of Habeas Corpus
Introduction:
According to the United States Constitution, a prisoner has the right to appear in court to find out the reason that they are being detained. If the prisoner feels that they are being detained unlawfully, they can file a petition, with the help of legal counsel, to the court in order to have their case heard. This action is called a Writ of Habeas Corpus. This procedure helps to keep the government from detaining an individual without just cause. The judge will only hear whether or not the
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Originally it was initiated when a person who was restrained wanted to be set free because he was innocent, so he would petition for a writ of habeas corpus and was brought before the King and his courts. (Lavelle, 2003). The first recorded usage of a habeas corpus, was in 1305 by Sir William Blackstone, who was a judge during the 18th century. He states, “The King is at all times entitled to have an account, why the liberty of any of his subjects is restrained, wherever that restraint may be inflicted.” (Wikipedia.org. para. 10) England’s Parliament began using the habeas corpus in 1679 when the Habeas Corpus Act was initiated because of

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