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In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law.A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into ...
The Habeas Corpus Suspension Act, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners.
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
The Oklahoma City bombing had presented the Republican-controlled Congress an opportunity to push through federal habeas corpus reform. [9] Within days of the AEDPA being introduced, there were disagreements between Republican and Democratic leadership over combining federal habeas corpus reform with the anti-terrorism law. [10]
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. No Bill of attainder or Ex post facto law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
The Habeas Corpus Act of 1867 (sess. ii, chap. 28, 14 Stat. 385) is an act of Congress that significantly expanded the jurisdiction of federal courts to issue writs of habeas corpus. [1]
The Property Clause grants Congress the power to make laws for the territories and other federal lands. The Guarantee Clause mandates that the United States guarantee that all states have a "republican form of government," though it does not define this term. Article Four also requires the United States to protect each state from invasion, and ...
Habeas corpus is a legal procedure initiated by an individual to test the legality of his detention by the government. [16] To benefit from habeas corpus, the affected person, or someone on his behalf, must file a petition for relief before a court with jurisdiction. The procedure is contained in 28 U.S.C. § 2241 et. seq.