Writ Of Habeas Corpus Essay

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According to the Criminal Evidence textbook, the Writ of Habeas Corpus is: an order in writing, issued in the name of the government by a judge of competent jurisdiction, and directed to a person who has another in his custody or detains him in confinement which commands him to bring such person so detained before the judge, at the time and place appointed, and to state the reasons for which he/she has imprisoned or otherwise deprived him/her of liberty.
The Writ of Habeas Corpus is one of the many important law that protects and insures the legal rights of the citizens in the United States. Habeas Corpus is a Latin phrase for “have the body.” The Writ of Habeas Corpus simply states that an individual must be summoned to court before imprisonment to determined if whether he or she is truly at fault based on evidence findings. This law basically serves as the fate of an individual’s imprisonment. It also saves individuals from unlawful imprisonment. …show more content…

It began when Alexander Hamilton was also in favor of this law due to the tyrannical schemes of the governments and its people. The Writ of Habeas Corpus had gone through a very long process and revision within the past centuries. It all began on April 27, 1861 when President Abraham Lincoln demanded a suspension to this law by taking an executive action. However, it did not last long because of the poor jurisdictions. Hence, it was ratified by the Congress after President Abraham Lincoln requested it. This led to the Habeas Corpus Suspension Act of 1863, which enabled the release of political prisoners. In addition, the suspension act also denied the right and security of an individual, which lead to being held without indefinite trial. When President Andrew Johnson became president in 1865, he revoked the Habeas Corpus Suspension Act of

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