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Topic: Habeas Corpus Act 1679

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	Right-Thinking from the Left Coast
		Habeas corpus, for those of you who do not know, it is one of the pillars of all western democratic legal systems.
		Blackstone cites the first recorded usage of habeas corpus ad subjiciendum in 1305, during the reign of King Edward I. However, other writs were issued with the same effect as early as the reign of Henry II in the 12th century.
		A previous act had been passed in 1640 to overturn a ruling that the command of the King was a sufficient answer to a petition of habeas corpus.
	right-thinking.com /index.php/weblog/habeasman_returns (768 words)

	habeas corpus - Encyclopedia.com
		habeas corpus [Lat.,=you should have the body], writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a specified place for a specified purpose.
		in England, and was formalized in the Habeas Corpus Act of 1679.
		President Lincoln suspended habeas corpus in 1861 at the beginning of the Civil War, and his decision was upheld by Congress—despite protests by Chief Justice Roger Taney that such suspension was not within the powers of the President.
	www.encyclopedia.com /html/h1/habeasco.asp (1271 words)

	Habeas Corpus - LoveToKnow 1911
		HABEAS CORPUS, in English law, a writ issued out of the High Court of Justice commanding the person to whom it is directed to bring the body of a person in his custody before that or some other court for a specified purpose.
		In 1679, but rather in consequence of Lord Clarendon's arbitrary proceedings 4 than of Jenkes's case, a fresh bill was introduced which passed both Houses (it is said the upper House by the counting of one stout peer as ten) and became the famous Habeas Corpus Act of 16 79 (31 Car.
		It is to be observed that neither at common law nor under the act of 1679 was the writ the appropriate remedy in the case of a person convicted either on indictment or summarily.
	www.1911encyclopedia.org /Habeas_Corpus (2674 words)

	Rigged: Senate Fails Public, Gives Oil Moguls Red-Carpet Treatment
		Habeas corpus is roughly Latin for "hold the body," and is used in law to mean that a government must either charge a person with a crime or let them go free.
		The modern institution of civil and human rights, and particularly the writ of habeas corpus, began in June of 1215 when King John was forced by the feudal lords to sign the Magna Carta at Runnymede.
		Charles I threw into jail five knights in a tax disagreement, and the knights sued the King, asserting their habeas corpus right to be free or on bail unless convicted of a crime.
	www.commondreams.org /views05/1114-22.htm (1834 words)

	HABEASCORPUS (Site not responding. Last check: )
		The habeas corpus remedy is recognized in the countries of the Anglo-American legal system but is generally not found in civil-law countries, although some of the latter have adopted comparable procedures.
		Habeas corpus proceedings may be employed to obtain release of the accused prior to trial on the ground that the bail set is excessive.
		In cases of one arrested on a warrant of extradition, a proceeding in habeas corpus may be instituted to challenge the validity of the warrant.
	www.univ-nancy2.fr /CEAA/CRESAB/habeascorpus.htm (649 words)

	HABEAS CORPUS (Site not responding. Last check: )
		The writ of habeas corpus is of English origin; its original purpose was to liberate illegally detained persons, and it is still a protection against arbitrary imprisonment.
		In a case in 1627 the judges decided that a sufficient answer to a writ of habeas corpus was that the prisoner was detained by warrant of the Privy Council.
		The subsequent refusal of judges to issue writs of habeas corpus during vacation periods resulted in the passage by Parliament of the Habeas Corpus Act of 1679.
	www.history.com /encyclopedia.do?articleId=211200 (736 words)

	Habeas Corpus
		Habeas corpus is a protection against illegal confinement, such as holding a person without charges, when due process obviously has been denied, bail is excessive, parole has been granted, an accused has been improperly surrendered by the bail bondsman, or probation has been summarily terminated without cause.
		A writ of habeas corpus is a court order addressed to a prison official (or other custodian) ordering that a detainee be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he or she should be released from custody.
		Petitions for habeas corpus could be made by the prisoner himself or by a third party on his behalf, and as a result of the Habeas Corpus Acts could be made regardless of whether the court was in session, by presenting the petition to a judge.
	www.ringnebula.com /constitution/habeas_corpus.htm (3229 words)

	Habeas Corpus: The Lynchpin of Freedom by Jacob G. Hornberger
		In the absence of habeas corpus, the detainee must continue languishing in prison for having criticized the government, comforted only by the notion that he lives in a country in which the Constitution says that people have freedom of speech.
		The judge issues a writ of habeas corpus, which commands the U.S. official who is holding the petitioner to appear in his courtroom post haste to show cause why he is holding the prisoner.
		Their indifference to the cancellation of the Great Writ – the writ of habeas corpus, the lynchpin of a free society – is an affront those who struggled for centuries to ensure its enshrinement and protection.
	www.lewrockwell.com /hornberger/hornberger103.html (1452 words)

	The Suspension of Habeas Corpus (Site not responding. Last check: )
		Habeas Corpus, legal term for a writ issued by a judge commanding that a person be brought into court at a given time and place.
		Habeas Corpus was formalized in England in the Habeas Corpus Act, 1679, in the reign of Charles II to prevent persons being held in prison indefinitely without trial ----- then a common practice in some European countries.
		Habeas Corpus was also a right in the American colonies, and violation of it became one of the grievances leading to the American Revolution.
	hometown.aol.com /gordonkwok/habeas_corpus.html (2382 words)

	Habeas Corpus Defined and Explained
		A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody.
		A habeas corpus petition is a petition filed with a court by a person who objects to his own or another's detention or imprisonment.
		In a habeas corpus proceeding, a federal court generally "will not review a question of federal law decided by a state court if the decision of that court rests on a state law ground that is independent of the federal question and adequate to support the judgment." Coleman v.
	www.lectlaw.com /def/h001.htm (1275 words)

	Habeas Corpus Act
		An act for the better securing the liberty of the subject, and for prevention of imprisonments beyond the seas.
		Provided always, and be it enacted, That if any person shall have wilfully neglected by the space of two whole terms after his imprisonment, to pray a habeas corpus for his enlargement, such person so wilfully neglecting shall not have any habeas corpus to be granted in vacation-time, in pursuance of this act.
		Provided nevertheless, That after the assizes are ended, any person or persons detained, may have his or her habeas corpus according to the direction and intention of this act.
	libertyboy.free.fr /misc/humanrights/texts/habeas_corpus.php (159 words)

	Habeas Corpus Act 1679 - Wikipedia, the free encyclopedia
		Acts of Parliament of the Kingdom of England to 1706
		The Act of 1679 followed an earlier act of 1640, which established that the command of the King or the Privy Council was no answer to a petition of habeas corpus.
		Further Habeas Corpus Acts were passed by the British Parliament in 1803, 1804, 1816 and 1862, but it is the Act of 1679 which is remembered as one of the most important statutes in English constitutional history.
	en.wikipedia.org /wiki/Habeas_Corpus_Act_1679 (583 words)

	Carpenter, Habeas Corpus in the Colonies
		The writ of habeas corpus is issued by a court of law or equity, and commands that the body of the prisoner be produced before the court, in order that it may inquire into the cause of imprisonment or detention.
		Acts and Resolves of the Province of Mass., I. We have already noticed that in Massachusetts a Habeas Corpus Act was passed in 1692 which lasted for three years before it was repealed.
		This act, like that of England, laid heavy fines on both judge and jailor for the nonfulfilment of its provisions, and it also provided that even in cases of treason and felony the person should be released unless indicted at the next term of court.
	www.dinsdoc.com /carpenter-1.htm (3144 words)

	The Police State Is Closer Than You Think
		Habeas corpus is the greatest protection Americans have against a police state.
		Americans may be unaware of what it means to be stripped of the protection of habeas corpus, or they may think police authorities would never make a mistake or ever use their unbridled power against the innocent.
		Habeas corpus, due process, the attorney-client privilege, no crime without intent, and prohibitions against torture and ex post facto laws are the protective features that shield the accused.
	www.informationclearinghouse.info /article10564.htm (1283 words)

	HABEAS CORPUS - Online Information article about HABEAS CORPUS
		The experience of the 18th century disclosed defects in the procedure for obtaining liberty in cases not covered by the act of 1679.
		Guernsey, and the act of 1816 also extends to the Isle of Man. The court of king's bench has also issued the writ to the king's foreign dominions beyond seas, e.g.
		American colonies had adopted the act of 1679; and the federal and the other state legislatures of the United States have founded their procedure on that act.
	encyclopedia.jrank.org /GUI_HAN/HABEAS_CORPUS.html (4905 words)

	Power Über Alles - by Paul Craig Roberts
		Habeas corpus is essential to political opposition and the rise and maintenance of democracy.
		In English Common Law habeas corpus is the name of several writs which may be issued by a judge ordering a prisoner to be brought before the court.
		More commonly, the name refers to a specific writ known in full as habeas corpus ad subjiciendum, a prerogative writ ordering that a prisoner be brought to the court so it can be determined whether or not he is being imprisoned lawfully.
	www.antiwar.com /roberts/?articleid=8006 (1218 words)

	BBC NEWS \| Magazine \| A brief history of habeas corpus (Site not responding. Last check: )
		Habeas corpus is under attack, say critics of the government's anti-terror bill.
		Habeas corpus (ad subjiciendum) is Latin for "you may have the body" (subject to examination).
		Whether the anti-terror bill is the latest chapter in the history of habeas corpus is a matter of debate.
	news.bbc.co.uk /1/hi/magazine/4329839.stm (917 words)

	Habeas Corpus is Missing
		This act represented an unprecedented attack on the basic system of habeas corpus--a fundamental Constitutional right that protects against unlawful and indefinite imprisonment.
		In response, the Restoring the Constitution Act, introduced by Senator and Presidential candidate Christopher Dodd, Congressman Jerrold Nadler and Congresswoman Jane Harman restores habeas corpus and due process to detainees held at Guantanamo Bay and to other detainees held by the federal government.
		I've heard attornies here in the states refer to habeas corpus in the terms of "bring me the body", and that is in essence what it is. Think of it like this, the judge has the body of the alleged brought before the court for trial (hearings etc).
	www.thenation.com /blogs/actnow?bid=4&pid=192224 (1156 words)

	habeas corpus - Icons of England
		Habeas corpus is a writ, or written court order, that requires a person held by the authorities to be brought before the courts so the legality of their detention can be examined.
		It was enshrined in law by the Habeas Corpus Act of 1679.
		Various parliaments have suspended the Act from time to time to detain those thought to be a threat – including fascists, those of German descent and Jewish refugees in the second world war, and Irish republican suspects in the 1970s.
	www.icons.org.uk /nom/nominations/habeas-corpus-1-2 (237 words)

	WAIS - World Affairs Report - Habeas Corpus (Site not responding. Last check: )
		The Habeas Corpus Act of 1679 established it firmly in Common Law, and the American colonists were enthusiastic, including it in Article I, Section 9 of the Constitution.
		To the charge that Elian's grandmothers acted improperly when they met him in Miami, the Cuban government retorts that the uncle with whom Elian is staying has a police record for drunk driving.
		The Constitution says "Habeas corpus shall not be suspended unless when in Cases of Rebellion or Invasion, the public Safety may require it." The Constitution failed to say who may suspend the Constitution, causing a controversy during the Civil War when Lincoln suspended it.
	www.stanford.edu /group/wais/USA/us_habeas.html (470 words)

	Defend Habeas Corpus
		Known through history as the "great bulwark against tyranny", habeas corpus procedures have required law enforcement officials to produce a prisoner before an impartial court to review the legality of the conviction or sentence.
		The Habeas Act of 1867 was passed to protect the rights of newly freed slaves and extend the right of habeas corpus review to all state prisoners.
		There is only one chance for habeas corpus review, except in extraordinary circumstances; again, before there were no limits on the number of writs that could be filed.
	www.refuseandresist.org /resist96/habeascorpus.html (781 words)

	Petitioning for Habeas Corpus: Who's Entitled?
		The exact translation of habeas corpus is from Latin and means "you may have the body." When you apply that to the law, a writ of habeas corpus becomes a written order from a judge to bring "the body" of a prisoner into court.
		Once a writ of habeas corpus is granted, the argument before the judge is not whether the prisoner is guilty or innocent of a crime, but whether he or she is being held unlawfully.
		In response to the writ of habeas corpus granted by the U.S. Supreme Court, the government established a combatant status review tribunal (CSRT), a panel of three military officers to hear the prisoners' challenge to their imprisonment and defense of their innocence.
	www.njsbf.com /njsbf/student/eagle/spring05-2.cfm (1435 words)

	Congress Can Act To Help Save Terri Schindler-Schiavo
		"Habeas Corpus" is the Latin name for a special procedure, dating back to England in the Middle Ages, by which a court can review whether someone is being unlawfully deprived of liberty.
		In fact, most habeas corpus proceedings in federal district court come after the Supreme Court has refused to consider a "direct" appeal from the highest state court.
		Although Terri’s case fits well conceptually with habeas corpus, it is unclear that the current statutes and precedents give her a right to it.
	www.priestsforlife.org /euthanasia/05-03-03congresscanact.htm (740 words)

	Understanding Terrorism Cases - U.S. Courts Educational Outreach
		One of the most important means for ensuring this balance, as well as one of the most important means of protecting individual liberty in general, is the writ of habeas corpus.
		A writ of habeas corpus allows persons who believe that they have been wrongfully imprisoned to challenge the legality of their confinement.
		Due to its role in protecting liberty, the writ of habeas corpus is known as the Great Writ.
	www.uscourts.gov /outreach/topics/habeascorpus_background.htm (496 words)

	English or Russian, results of football matches, etc. (Site not responding. Last check: )
		A plebiscite is an enactment of corpus the commonalty, such as was made on the motion of one of their own magistrates, as a tribune.
		Corpus linguistics specifies corpus design in respect to research interests, provides computational methods of extracting linguistic knowledge, and conceives tools to validate the accuracy of linguistic description.
		The composition, annotation, encoding and availability of the corpus are meant to corpus facilitate developments of language technology and studies in bilingual terminology extraction, primarily for the Slovene language..
	snappy75.sitesled.com (3511 words)

	Justice Taney on Lincoln’s Suspension of Habeas Corpus by Laurence M. Vance
		That act gives to the courts of the United States, as well as to each justice of the supreme court, and to every district judge, power to grant writs of habeas corpus for the purpose of an inquiry into the cause of commitment.
		Having the prisoner thus in custody upon these vague and unsupported accusations, he refuses to obey the writ of habeas corpus, upon the ground that he is duly authorized by the president to suspend it.
		The clause of the constitution, which authorizes the suspension of the privilege of the writ of habeas corpus, is in the 9th section of the first article.
	www.lewrockwell.com /orig4/vance4.html (1488 words)

	Commentary: The Military Commissions Act and Habeas Corpus \| LLRX.com
		Overall, the Detainee Treatment Act of 2005 is a feeble and incongruous attempt to restore America's credibility as a country that does not practice or condone torture and the use of cruel, inhuman, or degrading treatment or punishment.
		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.
		The law also guts the fundamental right of habeas corpus that in America, no one should be denied the protection of having a court determine whether his or her detention is lawful.
	www.llrx.com /extras/militarycommissions.htm (3109 words)

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