Download or read book Restoring Habeas Corpus written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2007 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Habeas for the Twenty First Century written by Nancy J. King and published by University of Chicago Press. This book was released on 2011-03-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: For centuries, the writ of habeas corpus has served as an important safeguard against miscarriages of justice, and today it remains at the center of some of the most contentious issues of our time—among them terrorism, immigration, crime, and the death penalty. Yet, in recent decades, habeas has been seriously abused. In this book, Nancy J. King and Joseph L. Hoffmann argue that habeas should be exercised with greater prudence. Through historical, empirical, and legal analysis, as well as illustrative case studies, the authors examine the current use of the writ in the United States and offer sound reform proposals to help ensure its ongoing vitality in today’s justice system. Comprehensive and thoroughly grounded in a modern understanding of habeas corpus, this informative book will be an insightful read for legal scholars and anyone interested in the importance of habeas corpus for American government.
Download or read book Federal Habeas Corpus written by Charles Doyle and published by Nova Publishers. This book was released on 2007 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal habeas corpus is a procedure under which a federal court may review the legality of an individual's incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law. Current federal law operates under the premise that with rare exceptions prisoners challenging the legality of the procedures by which they were tried or sentenced get "one bite of the apple." Relief for state prisoners is only available if the state courts have ignored or rejected their valid claims, and there are strict time limits within which they may petition the federal courts for relief. Moreover, a prisoner relying upon a novel interpretation of law must succeed on direct appeal; federal habeas review may not be used to establish or claim the benefits of a "new rule." Expedited federal habeas procedures are available in the case of state death row inmates if the state has provided an approved level of appointed counsel. The Supreme Court has held that Congress enjoys considerable authority to limit, but not to extinguish, access to the writ. This report is available in an abridged version as CRS Report RS22432, "Federal Habeas Corpus: An Abridged Sketch," by Charles Doyle.
Download or read book Habeas Corpus written by Jill McDonough and published by . This book was released on 2008 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sacco and Vanzetti, the Rosenbergs, and Aileen Wuornos. A witch, a pirate, a slave who poisoned her master. A serial killer, a Quaker, a case of mistaken identity. The earliest to be electrocuted, gassed, and lethally injected; the last to be publicly hanged. In her first book, Habeas Corpus, acclaimed poet Jill McDonough gives us fifty sonnets, each about a legal execution in American history. From four hundred years of documentation she conjures – and honors – a chorus of the dead. The sonnets, headed meticulously by name, date, and place, are poignant with the factual, with words and actions reported by eyewitnesses and spoken by the condemned – so limpidly framed that at moments one forgets the skill that tautens and crystallizes all this into authentic poetry: The warehouse was dingy, cluttered with lumber:thirteen steps, noose, black mask. No hymn, no psalm.He spat out his gum in the chaplain’s outstretched palm.Habeas Corpus: you have the body. With a rare control of indignation by sorrow, of subjectivity by the subject’s own truth, McDonough’s unsparing sonnets reveal the enormity that is the death penalty in America: “a ladder, a hanging tree” for Mary Dyer, “an odor he'd/described in print as peach blossoms, sickening-sweet” for Caryl Chessman, “a hood, their/target, then bang, bang, bang, three noises, quick” for Gary Gilmore, “Two needles in his arm,/blood splatters on the sheet” for Charles Brooks. Taking the words of fifty out of the nearly 20,000 men and women executed since 1608, she reflects them back to us in works of self-effacing artistry. Resurrected from their obscurity these individuals speak our secret history.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The Privilege of the Writ of Habeas Corpus Under the Constitution written by Horace Binney and published by . This book was released on 1862 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Habeas Corpus written by Paul D. Halliday and published by Harvard University Press. This book was released on 2012-04-02 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: We call habeas corpus the Great Writ of Liberty. But it was actually a writ of power. In a work based on an unprecedented study of thousands of cases across more than five hundred years, Paul Halliday provides a sweeping revisionist account of the world's most revered legal device. In the decades around 1600, English judges used ideas about royal power to empower themselves to protect the king's subjects. The key was not the prisoner's "right" to "liberty"Ñthese are modern idiomsÑbut the possible wrongs committed by a jailer or anyone who ordered a prisoner detained. This focus on wrongs gave the writ the force necessary to protect ideas about rights as they developed outside of law. This judicial power carried the writ across the world, from Quebec to Bengal. Paradoxically, the representative impulse, most often expressed through legislative action, did more to undermine the writ than anything else. And the need to control imperial subjects would increasingly constrain judges. The imperial experience is thus crucial for making sense of the broader sweep of the writ's history and of English law. Halliday's work informed the 2008 U.S. Supreme Court ruling in Boumediene v. Bush on prisoners in the Guantnamo detention camps. His eagerly anticipated book is certain to be acclaimed the definitive history of habeas corpus.
Download or read book The 9 11 Terror Cases written by Allan A. Ryan and published by University Press of Kansas. This book was released on 2015-11-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: The terrorist attacks of 9/11 are indelibly etched into our cultural memory. This is the story of how the legal ramifications of that day brought two presidents, Congress, and the Supreme Court into repeated confrontation over the incarceration of hundreds of suspected terrorists and “enemy combatants” at the US naval base in Guantánamo, Cuba. Could these prisoners (including an American citizen) be held indefinitely without due process of law? Did they have the right to seek their release by habeas corpus in US courts? Could they be tried in a makeshift military judicial system? With Guantánamo well into its second decade, these questions have challenged the three branches of government, each contending with the others, and each invoking the Constitution’s separation of powers as well as its checks and balances. In The 9/11 Terror Cases, Allan A. Ryan leads students and general readers through the pertinent cases: Rasul v. Bush and Hamdi v. Rumsfeld, both decided by the Supreme Court in 2004; Hamdan v. Bush, decided in 2006; and Boumediene v. Bush, in 2008. An eloquent writer and an expert in military law and constitutional litigation, Ryan is an adept guide through the nuanced complexities of these cases, which rejected the sweeping powers asserted by President Bush and Congress, and upheld the rule of law, even for enemy combatants. In doing so, as we see clearly in Ryan's deft account, the Supreme Court's rulings speak directly to the extent and nature of presidential and congressional prerogative, and to the critical separation and balance of powers in the governing of the United States.
Download or read book The Broken Constitution written by Noah Feldman and published by Farrar, Straus and Giroux. This book was released on 2021-11-02 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New York Times Book Review Editors' Choice An innovative account of Abraham Lincoln, constitutional thinker and doer Abraham Lincoln is justly revered for his brilliance, compassion, humor, and rededication of the United States to achieving liberty and justice for all. He led the nation into a bloody civil war to uphold the system of government established by the US Constitution—a system he regarded as the “last best hope of mankind.” But how did Lincoln understand the Constitution? In this groundbreaking study, Noah Feldman argues that Lincoln deliberately and recurrently violated the United States’ founding arrangements. When he came to power, it was widely believed that the federal government could not use armed force to prevent a state from seceding. It was also assumed that basic civil liberties could be suspended in a rebellion by Congress but not by the president, and that the federal government had no authority over slavery in states where it existed. As president, Lincoln broke decisively with all these precedents, and effectively rewrote the Constitution’s place in the American system. Before the Civil War, the Constitution was best understood as a compromise pact—a rough and ready deal between states that allowed the Union to form and function. After Lincoln, the Constitution came to be seen as a sacred text—a transcendent statement of the nation’s highest ideals. The Broken Constitution is the first book to tell the story of how Lincoln broke the Constitution in order to remake it. To do so, it offers a riveting narrative of his constitutional choices and how he made them—and places Lincoln in the rich context of thinking of the time, from African American abolitionists to Lincoln’s Republican rivals and Secessionist ideologues. Includes 8 Pages of Black-and-White Illustrations
Download or read book The Merryman Habeas Corpus Case Baltimore written by John Merryman and published by . This book was released on 1861 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Upholding the Principle of Habeas Corpus for Detainees written by United States. Congress. House. Committee on Armed Services and published by . This book was released on 2009 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book All the Laws but One written by William H. Rehnquist and published by Vintage. This book was released on 2007-12-18 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: William H. Rehnquist, Chief Justice of the United States, provides an insightful and fascinating account of the history of civil liberties during wartime and illuminates the cases where presidents have suspended the law in the name of national security. "A highly original account of the proper role of the Supreme Court, a role that makes most sense in times of war, but that has its attractions whenever the Court is embroiled in great social controversies." --The New Republic Abraham Lincoln, champion of freedom and the rights of man, suspended the writ of habeas corpus early in the Civil War--later in the war he also imposed limits upon freedom of speech and the press and demanded that political criminals be tried in military courts. During World War II, the government forced 100,000 U.S. residents of Japanese descent, including many citizens, into detainment camps. Through these and other incidents Chief Justice Rehnquist brilliantly probes the issues at stake in the balance between the national interest and personal freedoms. With All the Laws but One he significantly enlarges our understanding of how the Supreme Court has interpreted the Constitution during past periods of national crisis--and draws guidelines for how it should do so in the future.
Download or read book The Fate of Liberty written by Mark E. Neely Jr. and published by Oxford University Press. This book was released on 1992-08-20 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: If Abraham Lincoln was known as the Great Emancipator, he was also the only president to suspend the writ of habeas corpus. Indeed, Lincoln's record on the Constitution and individual rights has fueled a century of debate, from charges that Democrats were singled out for harrassment to Gore Vidal's depiction of Lincoln as an "absolute dictator." Now, in the Pulitzer Prize-winning The Fate of Liberty, one of America's leading authorities on Lincoln wades straight into this controversy, showing just who was jailed and why, even as he explores the whole range of Lincoln's constitutional policies. Mark Neely depicts Lincoln's suspension of habeas corpus as a well-intentioned attempt to deal with a floodtide of unforeseen events: the threat to Washington as Maryland flirted with secession, disintegrating public order in the border states, corruption among military contractors, the occupation of hostile Confederate territory, contraband trade with the South, and the outcry against the first draft in U.S. history. Drawing on letters from prisoners, records of military courts and federal prisons, memoirs, and federal archives, he paints a vivid picture of how Lincoln responded to these problems, how his policies were actually executed, and the virulent political debates that followed. Lincoln emerges from this account with this legendary statesmanship intact--mindful of political realities and prone to temper the sentences of military courts, concerned not with persecuting his opponents but with prosecuting the war efficiently. In addition, Neely explores the abuses of power under the regime of martial law: the routine torture of suspected deserters, widespread antisemitism among Union generals and officials, the common practice of seizing civilian hostages. He finds that though the system of military justice was flawed, it suffered less from merciless zeal, or political partisanship, than from inefficiency and the friction and complexities of modern war. Informed by a deep understanding of a unique period in American history, this incisive book takes a comprehensive look at the issues of civil liberties during Lincoln's administration, placing them firmly in the political context of the time. Written with keen insight and an intimate grasp of the original sources, The Fate of Liberty offers a vivid picture of the crises and chaos of a nation at war with itself, changing our understanding of this president and his most controversial policies.
Download or read book Restoring the Rule of Law written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution (2007- ) and published by . This book was released on 2008 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The History and Proceedings of the House of Commons from the Restoration to the Present Time written by Great Britain. Parliament. House of Commons and published by . This book was released on 1742 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The History and Proceedings of the House of Commons from the Restoration to the Present Time Illustrated with a Great Variety of Historical and Explanatory Notes with a Large Appendix written by Great Britain. Parliament. House of Commons and published by . This book was released on 1742 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book After Appomattox written by Gregory P. Downs and published by Harvard University Press. This book was released on 2019-08-13 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Original and revelatory.” —David Blight, author of Frederick Douglass Avery O. Craven Award Finalist A Civil War Memory/Civil War Monitor Best Book of the Year In April 1865, Robert E. Lee wrote to Ulysses S. Grant asking for peace. Peace was beyond his authority to negotiate, Grant replied, but surrender terms he would discuss. The distinction proved prophetic. After Appomattox reveals that the Civil War did not end with Confederate capitulation in 1865. Instead, a second phase of the war began which lasted until 1871—not the project euphemistically called Reconstruction, but a state of genuine belligerence whose mission was to shape the peace. Using its war powers, the U.S. Army oversaw an ambitious occupation, stationing tens of thousands of troops in outposts across the defeated South. This groundbreaking history shows that the purpose of the occupation was to crush slavery in the face of fierce and violent resistance, but there were limits to its effectiveness: the occupying army never really managed to remake the South. “The United States Army has been far too neglected as a player—a force—in the history of Reconstruction... Downs wants his work to speak to the present, and indeed it should.” —David W. Blight, The Atlantic “Striking... Downs chronicles...a military occupation that was indispensable to the uprooting of slavery.” —Boston Globe “Downs makes the case that the final end to slavery, and the establishment of basic civil and voting rights for all Americans, was ‘born in the face of bayonets.’ ...A remarkable, necessary book.” —Slate
