Upholding the Principle of Habeas Corpus for Detainees
Author | : United States. Congress. House. Committee on Armed Services |
Publisher | : |
Total Pages | : 288 |
Release | : 2009 |
Genre | : Combatants and noncombatants (International law) |
ISBN | : |
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Author | : United States. Congress. House. Committee on Armed Services |
Publisher | : |
Total Pages | : 288 |
Release | : 2009 |
Genre | : Combatants and noncombatants (International law) |
ISBN | : |
Author | : Randy James Holland |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Constitutional history |
ISBN | : 9780314676719 |
An authoritative two volume dictionary covering English law from earliest times up to the present day, giving a definition and an explanation of every legal term old and new. Provides detailed statements of legal terms as well as their historical context.
Author | : Charles Doyle |
Publisher | : Nova Publishers |
Total Pages | : 82 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781600213021 |
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.
Author | : James S. Liebman |
Publisher | : |
Total Pages | : 258 |
Release | : 1998 |
Genre | : Law |
ISBN | : |
Previous edition, 2nd, published in 1994.
Author | : Anthony Gregory |
Publisher | : Cambridge University Press |
Total Pages | : 433 |
Release | : 2013-04-15 |
Genre | : Law |
ISBN | : 1107036437 |
This book tells the story of habeas corpus from medieval England to modern America, crediting the rocky history to the writ's very nature as a government power. The book weighs in on habeas's historical controversies - addressing the writ's role in the power struggle between the federal government and the states, and the proper scope of federal habeas for state prisoners and for wartime detainees from the Civil War and World War II to the War on Terror.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
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.
Author | : Jonathan Hafetz |
Publisher | : NYU Press |
Total Pages | : 334 |
Release | : 2012-08-20 |
Genre | : Political Science |
ISBN | : 081472440X |
Examines the rise of an American-run global detention system, including Guantâanamo Bay, Bagram Air Base in Afghanistan, and secret CIA jails, and discusses efforts that are being made to challenge this new prison system through habeas corpus.
Author | : United States. Department of Justice |
Publisher | : |
Total Pages | : 720 |
Release | : 1985 |
Genre | : Justice, Administration of |
ISBN | : |
Author | : David J. Bodenhamer |
Publisher | : Oxford University Press, USA |
Total Pages | : 258 |
Release | : 2007 |
Genre | : Language Arts & Disciplines |
ISBN | : 0195325672 |
"This boxed set contains classroom resources to help America's educators teach about the most important documents in U.S. history"--Box
Author | : Daniel Wilsher |
Publisher | : Cambridge University Press |
Total Pages | : 421 |
Release | : 2011-10-27 |
Genre | : Political Science |
ISBN | : 1139501356 |
The liberal legal ideal of protection of the individual against administrative detention without trial is embodied in the habeas corpus tradition. However, the use of detention to control immigration has gone from a wartime exception to normal practice, thus calling into question modern states' adherence to the rule of law. Daniel Wilsher traces how modern states have come to use long-term detention of immigrants without judicial control. He examines the wider emerging international human rights challenge presented by detention based upon protecting 'national sovereignty' in an age of global migration. He explores the vulnerable political status of immigrants and shows how attempts to close liberal societies can create 'unwanted persons' who are denied fundamental rights. To conclude, he proposes a set of standards to ensure that efforts to control migration, including the use of detention, conform to principles of law and uphold basic rights regardless of immigration status.