This article or section contains too much jargon and may need simplification or further explanation. Please discuss this issue on the talk page, and/or remove or explain jargon terms used in the article. Editing help is available. This article has been tagged since June 2008.

This article or section may require restructuring to meet Wikipedia's quality standards. Please discuss this issue on the talk page. This article has been tagged since June 2008.

The references in this article would be clearer with a different or consistent style of citation, footnoting, or external linking.

Criminal procedure
Investigating and charging crimes
Criminal investigation
Arrest warrant · Search warrant Probable cause · Knock-and-announce Exigent circumstance Reasonable suspicion Search and seizure · Search of persons Arrest · Detention Right to silence · Miranda warning (U.S.) Grand jury Habeas Corpus can refer to Habeas corpus - a writ issued by a judge ordering a prisoner to be brought before a court. ... Image File history File links Scale_of_justice_2. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... An arrest warrant is a warrant issued by a public officer which authorizes the arrest and detention of an individual. ... A search warrant is a written warrant issued by judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense and seize the evidence. ... In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ... A knock and announce warrant, in the American law of criminal procedure, requires that the officer tasked with the responsibility of executing the warrant must knock on the door of the home to be entered for a search or arrest, and to announce their purpose. ... An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a warrant, or if a they have a knock and announce warrant, without knocking and waiting for refusal under certain circumstances. ... Reasonable suspicion is a legal standard in United States law that a person has been, is, or is about to be, engaged in criminal activity based on specific and articulable facts and inferences. ... Search and seizure is a legal procedure used in many common law whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a persons property and confiscate any relevant evidence to the crime. ... For other uses, see Arrest (disambiguation). ... The right to silence is a legal protection enjoyed by people undergoing police interrogation or trial in certain countries. ... The Miranda warning is a police warning that is given to criminal suspects in police custody or in a custodial situation in the United States before they are asked questions relating to the commission of a crime. ... For other uses of terms redirecting here, see US (disambiguation), USA (disambiguation), and United States (disambiguation) Motto In God We Trust(since 1956) (From Many, One; Latin, traditional) Anthem The Star-Spangled Banner Capital Washington, D.C. Largest city New York City National language English (de facto)1 Demonym American... In the American common law legal system, a grand jury is a type of jury which determines if there is enough evidence for a trial. ...
Criminal prosecution
Statute of limitations · Nolle prosequi Bill of attainder · Ex post facto law Criminal jurisdiction · Extradition Habeas corpus · Bail Inquisitorial system · Adversarial system Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. ... This article or section does not adequately cite its references or sources. ... A bill of attainder (also known as an act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. ... An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ... Criminal jurisdiction is a term used in the law of criminal procedure to describe the power of a court to hear a case brought by the state accusing a criminal defendant of a violation of the law of the geographic area in which the court is located. ... Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. ... This article is about the legal term. ... An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ... The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of each advocate representing his or her partys positions and involves a neutral person, usually the judge, trying to determine the truth of the case. ...
Charges and pleas
Arraignment · Information · Indictment Plea · Peremptory plea Nolo contendere (U.S.) · Plea bargain Presentence Investigation Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. ... This article does not cite any references or sources. ... In the common law legal system, an indictment (IPA: ) is a formal accusation of having committed a criminal offense. ... In legal terminology, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. ... In the common law legal system, the peremptory pleas (pleas in bar), are pleas that set out special reasons for which a trial cannot go ahead. ... Nolo contendere, in criminal trials, in some common law jurisdictions, is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. ... A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. ... A presentence investigation report (PSI) is a legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine if there are extenuating circumstances which should ameliorate the sentence or a history of criminal behavior to increase the harshness of the sentence. ...
Related areas of law
Criminal defenses Criminal law · Evidence Civil procedure The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... The law of evidence governs the use of testimony (e. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ...
Portals
Law · Criminal justice

Habeas corpus (IPA: /ˈheɪbiəs ˈkɔɹpəs/) (Latin: [We command] that you have the body)^[1] is the name of a legal action, or writ, through which a person can seek relief from unlawful detention of themselves or another person. The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action. For other uses, see Latins and Latin (disambiguation). ... In law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction. ... This article is about the concept of justice. ... Detention generally refers to a state or government holding a person in a particular area, either for interrogation, as punishment for a wrong, or as a precautionary measure while investigating a potential threat posed by that person. ...

Also known as "The Great Writ," a writ of habeas corpus ad subjiciendum is a summons with the force of a court order addressed to the custodian (such as a prison official) demanding that a prisoner be brought before the court, together with proof of authority, allowing the court to determine whether that custodian has lawful authority to hold that person, or, if not, the person should be released from custody. The prisoner, or another person on their behalf (for example, where the prisoner is being held incommunicado), may petition the court or an individual judge for a writ of habeas corpus.

The right to petition for a writ of habeas corpus has long been celebrated as the most efficient safeguard of the liberty of the subject. Albert Venn Dicey wrote that the Habeas Corpus Acts "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty." In most countries, however, the procedure of habeas corpus can be suspended in time of national emergency. In most civil law jurisdictions, comparable provisions exist, but they may not be called "habeas corpus."^[2] The reach of habeas corpus is currently being tested in the United States. Oral arguments on a consolidated Guantanamo Bay detention camp detainee habeas corpus petition, Al Odah v. United States were heard by the Supreme Court of the United States on December 5, 2007, and recently by HR 1955 The Violent Radicalization and Homegrown Terrorism Prevention Act of 2006. The right to petition is the freedom of individuals (and sometimes groups and corporations) to petition their government for a correction or repair of some form of injustice without fear of punishment for the same. ... Albert Venn Dicey (February 4, 1835 – April 7, 1922) was a British jurist and constitutional theorist who wrote An Introduction to the Study of the Law of the Constitution (1885). ... For other uses of civil law, see civil law. ... Wikisource has original text related to this article: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism Wikisource has original text related to this article: Statement of Alberto J Mora on interrogation abuse, July 7, 2004 Guantanamo Bay detention camp is a joint military prison and... Wikisource has original text related to this article: Declaration of Stephen Abraham, Lieutenant Colonel, United States Army Reserve, June 14th, 2007 // is a court case filed by the Center for Constitutional Rights and co-counsels challenging the legality of the continued detention, without charge, of Guantanamo detainees. ... For specific national Supreme Courts, see Category:National supreme courts. ...

The writ of habeas corpus is one of what are called the "extraordinary," "common law," or "prerogative writs," which were historically issued by the courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The most common of the other such prerogative writs are quo warranto, prohibito, mandamus, procedendo, and certiorari. When the original 13 American Colonies declared independence and became a constitutional republic in which the people are the sovereign, any person, in the name of the people, acquired authority to initiate such writs. In English law, the prerogative writs are a class of writs originally available only to the Crown, but which were later made available to the kings subjects through the courts. ... Quo warranto (Medieval Latin for by what warrant?) is one of the prerogative writs, the one that requires the person to whom it is directed to show what authority he has for exercising some right or power (or franchise) he claims to hold. ... A writ of mandamus or simply mandamus, which means we order in Latin, is the name of one of the prerogative writs and is a court order directing someone, most frequently a government official, to perform a specified act. ... In common law jurisprudence, procedendo is one of the prerogative writs. ... Certiorari (pronunciation: sər-sh(ē-)ə-ˈrer-ē, -ˈrär-ē, -ˈra-rē) is a legal term in Roman, English and American law referring to a type of writ seeking judicial review. ... In 1775, the British claimed authority over the red and pink areas on this map and Spain ruled the orange. ...

The due process for such petitions is not simply civil or criminal, because they incorporate the presumption of nonauthority. The official who is the respondent has the burden to prove his authority to do or not do something. Failing this, the court must decide for the petitioner, who may be any person, not just an interested party. This differs from a motion in a civil process in which the movant must have standing, and bears the burden of proof.

Derivation and form

This article or section is missing citations or needs footnotes. Using inline citations helps guard against copyright violations and factual inaccuracies. (October 2007)

The right of habeas corpus is referred to in full in legal texts as habeas corpus ad subjiciendum or more rarely ad subjiciendum et recipiendum. The name derives from the operative words of the writ in Medieval Latin:

The word habeas in the writ is not in the indicative mood ("You have ..."), but in the subjunctive (specifically the volitive subjunctive): "We command that you have ...". The full name of the writ is often used to distinguish it from similar ancient writs:

• Habeas corpus ad deliberandum et recipiendum, a writ for bringing an accused from a different county into a court in the place where a crime had been committed for purposes of trial, or more literally to return holding the body for purposes of “deliberation and receipt” of a decision;
• Habeas corpus ad faciendum et recipiendum, also called habeas corpus cum causa, a writ of a superior court to a custodian to return with the body being held by the order of a lower court "with reasons", for the purpose of “receiving” the decision of the superior court and of “doing” what it ordered;
• Habeas corpus ad prosequendum, a writ ordering return with a prisoner for the purpose of “prosecuting” him before the court;
• Habeas corpus ad respondendum, a writ ordering return in order to allowing the prisoner to “answer” to new proceedings before the court;
• Habeas corpus ad satisfaciendum, a writ ordering return with the body of a prisoner for “satisfaction” or execution of a judgment of the issuing court; and
• Habeas corpus ad testificandum, a writ ordering return with the body of a prisoner for the purposes of “testifying”.

That the basic form of the writs of habeas corpus, now written in English, has changed little over the centuries can be seen from the following examples:

History of habeas corpus in England

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. Blackstone explained the basis of the writ, saying: William Blackstone as illustrated in his Commentaries on the Laws of England. ... Events August 5 - English troops capture William Wallace Wenceslas III becomes king of Bohemia Archbishop of Bordeaux, Bertrand de Got, was elected as Pope Clement V. Philip IV of France accused the Knights Templar of heresy. ... Edward I (17 June 1239 – 7 July 1307), popularly known as Longshanks[1], also as Edward the Lawgiver or the English Justinian because of his legal reforms, and as Hammer of the Scots,[2] achieved fame as the monarch who conquered Wales and tried to do the same to Scotland. ... In law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction. ... Henry II of England (called Curtmantle; 25 March 1133 – 6 July 1189) ruled as King of England (1154–1189), Count of Anjou, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. ...

The procedure for the issuing of writs of habeas corpus was first codified by the Habeas Corpus Act 1679, following judicial rulings which had restricted the effectiveness of the writ. 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. The Habeas Corpus Act 1679 is an English statute passed during the reign of King Charles II to define and strengthen the ancient prerogative writ of habeas corpus, whereby persons unlawfully detained can be ordered to be produced before a court of law. ...

Then, as now, the writ of habeas corpus was issued by a superior court in the name of the Sovereign, and commanded the addressee (a lower court, sheriff, or private subject) to produce the prisoner before the Royal courts of law. A habeas corpus petition 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.

Since the 18th century the writ has also been used in cases of unlawful detention by private individuals, most famously in Somersett's Case (1771), where the black slave Somersett was ordered to be freed, the famous words being quoted (or misquoted, see Somersett's Case): James Somersett or Somerset was a slave who was brought by his owner from Virginia to England. ... James Somersett or Somerset was a slave who was brought by his owner from Virginia to England. ...

The privilege of habeas corpus has been suspended or restricted several times during English history, most recently during the 18th and 19th centuries. Although internment without trial has been authorised by statute since that time, for example during the two World Wars and the Troubles in Northern Ireland, the procedure of habeas corpus has in modern times always technically remained available to such internees. However, as habeas corpus is only a procedural device to examine the lawfulness of a prisoner's detention, so long as the detention was in accordance with an Act of Parliament, the petition for habeas corpus would be unsuccessful. Since the passage of the Human Rights Act 1998, the courts have been able to declare an Act of Parliament to be incompatible with the European Convention on Human Rights. However, such a declaration of incompatibility has no immediate legal effect until it is acted upon by the government. A world war is a war affecting the majority of the worlds major nations. ... The Troubles is a term used to describe two periods of violence in Ireland during the twentieth century. ... Northern Ireland (Irish: , Ulster Scots: Norlin Airlann) is a constituent country of the United Kingdom lying in the northeast of the island of Ireland, covering 5,459 square miles (14,139 km², about a sixth of the islands total area). ... An Act of Parliament or Act is law enacted by the parliament (see legislation). ... The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on November 9, 1998, and mostly came into force on October 2, 2000. ... “ECHR” redirects here. ...

The wording of the writ of habeas corpus implies that the prisoner is brought to the court in order for the legality of the imprisonment to be examined. However, rather than issuing the writ immediately and waiting for the return of the writ by the custodian, modern practice in England is for the original application to be followed by a hearing with both parties present to decide the legality of the detention, without any writ being issued. If the detention is held to be unlawful, the prisoner can usually then be released or bailed by order of the court without having to be produced before it. It is also possible for individuals held by the state to petition for judicial review, and individuals held by non-state entities to apply for an injunction. This article is about the legal term. ... Judicial review is the power of a court to review the actions of public sector bodies in terms of their legality or constitutionality. ... Look up Injunction in Wiktionary, the free dictionary. ...

United States

Main article: Habeas corpus in the United States

The United States Constitution specifically included the English common law procedure in the Suspension Clause, located in Article One, Section 9. It states: Habeas corpus (/heɪbiəs kɔɹpəs/), Latin for you [should] have the body, is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... The Suspension Clause is clause two of section nine of Article One of the United States Constitution. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ...

The writ of habeas corpus ad subjiciendum is a civil, not criminal, ex parte proceeding in which a court inquires as to the legitimacy of a prisoner's custody. Typically, habeas corpus proceedings are to determine whether the court which imposed sentence on the defendant had jurisdiction and authority to do so, or whether the defendant's sentence has expired. Habeas corpus is also used as a legal avenue to challenge other types of custody such as pretrial detention or detention by the United States Bureau of Immigration and Customs Enforcement pursuant to a deportation proceeding. Ex parte is a Latin legal term meaning from (by or for) one party (pronounced ekss par-TAY or ekss par-TEE, although the proper Latin is Eks PAR-teh). An ex parte decision is one decided by a judge without requiring the plaintiff to be present. ... Immigration and Customs Enforcement (ICE) is the largest and primary investigative arm of the United States Department of Homeland Security (DHS) and is responsible for identifying, investigating, and dismantling vulnerabilities regarding the nations border, economic, transportation, and infrastructure security. ...

Scope

The writ of Habeas Corpus was originally understood to apply only to those held in custody by officials of the Executive Branch of the federal government and not to those held by state governments, which independently afford habeas corpus pursuant to their respective constitutions and laws. The United States Congress granted all federal courts jurisdiction under 28 U.S.C. § 2241 to issue writs of habeas corpus to release prisoners held by any government entity within the country from custody in the following circumstances: Wikipedia does not yet have an article with this exact name. ... Title 28 is the portion of the United States Code (federal statutory law) that governs the Federal Judicial System. ...

• Is in custody under or by color of the authority of the United States or is committed for trial before some court thereof; or
• Is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or
• Is in custody in violation of the Constitution or laws or treaties of the United States; or
• Being a citizen of a foreign state and domiciled therein is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations; or
• It is necessary to bring said persons into court to testify or for trial.

In 1950s and 1960s, decisions by the Warren Supreme Court greatly expanded the use and scope of the federal writ, and the most publicized use of the writ of Habeas corpus in modern times has been to allow federal courts to review death penalty proceedings; however, far more non-capital habeas petitions are reviewed by the federal courts. In the last thirty years, decisions by the Burger and Rehnquist Courts have somewhat narrowed the writ, though the number of habeas petitions filed has continued to rise. For the swing saxophonist and occasional singer, see Earle Warren Earl Warren (March 19, 1891 – July 9, 1974) was a California district attorney of Alameda County, the 20th Attorney General of California, the 30th Governor of California, and the 14th Chief Justice of the United States (from 1953 to 1969). ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Capital punishment, or the death penalty, is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences. ... Warren Burger at a press conference in May 1969 shortly after he was nominated to be Chief Justice of the United States. ... William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist, and a political figure who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ...

The Antiterrorism and Effective Death Penalty Act of 1996 further limited the use of the federal writ by imposing a one-year statute of limitations and dramatically increasing the federal judiciary's deference to decisions previously made in state court proceedings either on direct appeal from the conviction and sentence, or in a state court habeas corpus action and the associated second round of state appeal (both of which, in the usual case, occur before a federal habeas petition is filed). The Antiterrorism and Effective Death Penalty Act of 1996, Pub. ...

Suspension during the Civil War and Reconstruction

On April 27, 1861, habeas corpus was suspended by President Abraham Lincoln in Maryland and parts of midwestern states, including southern Indiana during the American Civil War. Lincoln did so in response to riots, local militia actions, and the threat that the border slave state of Maryland would secede from the Union, leaving the nation's capital, Washington, D.C., surrounded by hostile territory. Lincoln was also motivated by requests by generals to set up military courts to rein in "Copperheads" or Peace Democrats, and those in the Union who supported the Confederate cause. His action was challenged in court and overturned by the U.S. Circuit Court in Maryland (led by Supreme Court Chief Justice Roger B. Taney) in Ex Parte Merryman, 17 F. Cas. 144 (C.C.D. Md. 1861). Lincoln ignored Taney's order. In the Confederacy, Jefferson Davis also suspended habeas corpus and imposed martial law. This was in part to maintain order and spur industrial growth in the South to compensate for the economic loss inflicted by its secession. is the 117th day of the year (118th in leap years) in the Gregorian calendar. ... Year 1861 (MDCCCLXI) was a common year starting on Tuesday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Sunday of the 12-day slower Julian calendar). ... For other uses, see Abraham Lincoln (disambiguation). ... Official language(s) None (English, de facto) Capital Annapolis Largest city Baltimore Largest metro area Baltimore-Washington Metropolitan Area Area  Ranked 42nd  - Total 12,407 sq mi (32,133 km²)  - Width 101 miles (145 km)  - Length 249 miles (400 km)  - % water 21  - Latitude 37° 53′ N to 39° 43′ N... For other uses, see Indiana (disambiguation). ... Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert E. Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total... Official language(s) None (English, de facto) Capital Annapolis Largest city Baltimore Largest metro area Baltimore-Washington Metropolitan Area Area  Ranked 42nd  - Total 12,407 sq mi (32,133 km²)  - Width 101 miles (145 km)  - Length 249 miles (400 km)  - % water 21  - Latitude 37° 53′ N to 39° 43′ N... For other uses, see Washington, D.C. (disambiguation). ... This article is about the Civil War faction. ... Motto Deo Vindice (Latin: Under God, Our Vindicator) Anthem (none official) God Save the South (unofficial) The Bonnie Blue Flag (unofficial) Dixie (unofficial)  States that seceded under CSA control  States and territories claimed by CSA without formal secession and/or control Capital Montgomery, Alabama (until May 29, 1861) Richmond, Virginia... Official language(s) None (English, de facto) Capital Annapolis Largest city Baltimore Largest metro area Baltimore-Washington Metropolitan Area Area  Ranked 42nd  - Total 12,407 sq mi (32,133 km²)  - Width 101 miles (145 km)  - Length 249 miles (400 km)  - % water 21  - Latitude 37° 53′ N to 39° 43′ N... Roger Brooke Taney (March 17, 1777 – October 12, 1864) was the fifth Chief Justice of the United States, from 1836 until his death in 1864, and the first Roman Catholic to hold that office. ... Ex parte Merryman, (1861), is a well-known U.S. federal court case which arose out of the American Civil War. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a neutral form which will... For other uses, see Jefferson Davis (disambiguation). ...

On March 3, 1863, Congress passed the Habeas Corpus Act of 1863. This bill suspended Habeas Corpus across the nation and was passed to rectify Taney's objections in Ex Parte Merryman, that Congress and not the President has the power to suspend Habeas Corpus. Ex parte Merryman, (1861), is a well-known U.S. federal court case which arose out of the American Civil War. ...

In 1864, Lambdin P. Milligan and four others were accused of planning to steal Union weapons and invade Union prisoner-of-war camps and were sentenced to hang by a military court. However, their execution was not set until May 1865, so they were able to argue the case after the Civil War. In Ex Parte Milligan 71 U.S. 2 (1866), the Supreme Court of the United States decided that it was unconstitutional for the President to try to convict citizens before military tribunals when civil courts were functioning. The trial of civilians by military tribunals is allowed only if civilian courts are closed, and if the area is within a theater of active military operations. This was one of the key Supreme Court cases of the American Civil War that dealt with wartime civil liberties and martial law. Lambdin P. Milligan (March 24, 1812 – December 21, 1899) was a lawyer, farmer, and a leader of the Knights of the Golden Circle. ... A Prisoner-of-war camp is a site for the containment of persons captured by the enemy in time of war. ... Holding Suspension of habeas corpus is unconstitutional when civilian courts are still operating; the Constitution provided for suspension of habeas corpus only if civilian courts are actually forced closed. ... // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a neutral form which will... A number of cases were tried before the Supreme Court of the United States during the period of the American Civil War. ...

This was one of the nine proclamations and orders that Lincoln published, it was published in the Civil War Harper's Weekly, October 11, 1862.

In the early 1870s, President Ulysses S. Grant suspended habeas corpus in nine counties in South Carolina, as part of federal civil rights action against the Ku Klux Klan under the 1870 Force Act and 1871 Ku Klux Klan Act. Ulysses S. Grant,[2] born Hiram Ulysses Grant (April 27, 1822 – July 23, 1885), was an American general and the eighteenth President of the United States (1869–1877). ... Members of the second Ku Klux Klan at a rally during the 1920s. ... Force Acts can refer to several groups of acts passed by the United States Congress. ... The Civil Rights Act of 1871, now codified and known as 42 U.S.C. § 1983, is one of the most important federal statutes in force in the United States. ...

Suspension during World War II and its aftermath

In 1942, the Supreme Court ruled in Ex parte Quirin that unlawful combatant saboteurs could be denied habeas corpus and tried by military commission, making a distinction between lawful and unlawful combatants. Habeas corpus was suspended on December 7th, 1941 in order to put all of the Japanese Americans in internment camps without having to explain to every single individual Japanese person why they had to leave. For specific national Supreme Courts, see Category:National supreme courts. ... Holding The Court upheld the jurisdiction of a United States military tribunal over the trial of several German saboteurs in the United States. ... The term unlawful combatant (also unlawful enemy combatant or unprivileged combatant/belligerent) denotes a person denied the privileges of prisoner of war (POW) designation, in accordance with the Geneva Conventions; one to whom protection is recognised as due is a lawful or privileged combatant. ...

The 1950 case Johnson v. Eisentrager denied access to habeas corpus for nonresident aliens captured and imprisoned abroad in a US-administered foreign court. Johnson v. ...

Suspension in the United States in 1990s and 2000s

It has been suggested that this section be split into a new article. (Discuss)

Image File history File links No higher resolution available. ...

AEDPA

In 1996, following the Oklahoma City bombing, Congress passed (91-8-1 in the Senate, 293-133-7 in the House) and President Clinton signed into law the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The AEDPA was to "deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes." Year 1996 (MCMXCVI) was a leap year starting on Monday (link will display full 1996 Gregorian calendar). ... The Oklahoma City bombing was a domestic terrorist attack on April 19, 1995 aimed at the U.S. government in which the Alfred P. Murrah Federal Building was bombed in an office complex in downtown Oklahoma City, Oklahoma. ... William Jefferson Bill Clinton (born William Jefferson Blythe III[1] on August 19, 1946) was the 42nd President of the United States, serving from 1993 to 2001. ... The Antiterrorism and Effective Death Penalty Act of 1996, Pub. ...

The AEDPA contained one of the few limitations on habeas corpus. For the first time, its Section 101 set a statute of limitations of one year following conviction for prisoners to seek the writ. It limits the power of federal judges to grant relief unless the state court's adjudication of the claim resulted in a decision that was (1) contrary to, or involved an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. It generally but not absolutely barred second or successive petitions, with several exceptions. Petitioners who had already filed a federal habeas petition were required to first secure authorization from the appropriate United States Court of Appeals, to ensure that such an exception was at least facially made out. A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. ...

War on Terror

The November 13, 2001, Presidential Military Order gave the President of the United States the power to detain suspects, suspected of connection to terrorists or terrorism as an unlawful combatant. As such, it was asserted that a person could be held indefinitely without charges being filed against him or her, without a court hearing, and without entitlement to a legal consultant. Many legal and constitutional scholars contended that these provisions were in direct opposition to habeas corpus and the United States Bill of Rights. On November 13, 2001 U.S. President George W. Bush issued a Military Order entitled Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism. ... Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      For other uses, see President of the United States (disambiguation). ... The term unlawful combatant (also unlawful enemy combatant or unprivileged combatant/belligerent) denotes a person denied the privileges of prisoner of war (POW) designation, in accordance with the Geneva Conventions; one to whom protection is recognised as due is a lawful or privileged combatant. ... The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ...

In Hamdi v. Rumsfeld, 542 U.S. 507 (2004), the Supreme Court reaffirmed the right of United States citizens to seek writs of habeas corpus even when declared enemy combatants. Holding U.S. citizens designated as enemy combatants by the Executive Branch have a right to challenge their detainment under the Due Process Clause. ... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... An enemy combatant has historically referred to members of the armed forces of the state with which another state is at war. ...

In Hamdan v. Rumsfeld, 548 U.S. ___ (2006), Salim Ahmed Hamdan petitioned for a writ of habeas corpus, challenging that the military commissions set up by the Bush administration to try detainees at Guantánamo Bay “violate both the Uniform Code of Military Justice and the four Geneva Conventions.” In a 5-3 ruling, the Supreme Court rejected Congress's attempts to strip the courts of jurisdiction over habeas corpus appeals by detainees at Guantánamo Bay. Congress had previously passed the Department of Defense Appropriations Act, 2006 which stated in Section 1005(e), “Procedures for Status Review of Detainees Outside the United States”: For the case involving a United States citizen, see Hamdi v. ... Salim Ahmed Hamdan (born 1970) is a Yemeni, captured during the invasion of Afghanistan, and imprisoned at Guantanamo Bay. ... Military commissions are among procedures planned by the U.S. Bush administration to deal with detainees it links to al-Qaeda. ... The Bush administration includes President George W. Bush, Vice President Richard Cheney, Bushs Cabinet, and other select officials and advisors. ... Detainees upon arrival at Camp X-Ray, January 2002 Guantánamo Bay detainment camp serves as a joint military prison and interrogation camp under the leadership of Joint Task Force Guantanamo (JTF-GTMO) and has occupied a portion of the United States Navys base at Guantanamo Bay, Cuba since... The Uniform Code of Military Justice (UCMJ) is the foundation of military law in the United States. ... Original document. ... Detainees upon arrival at Camp X-Ray, January 2002 Guantánamo Bay detainment camp serves as a joint military prison and interrogation camp under the leadership of Joint Task Force Guantanamo (JTF-GTMO) and has occupied a portion of the United States Navys base at Guantanamo Bay, Cuba since... The McCain Detainee Amendment was an amendment to the United States Senate Department of Defense Authorization bill, commonly referred to as the Amendment on (1) the Army Field Manual and (2) Cruel, Inhumane, Degrading Treatment, amendment #1977 and also known as the McCain Amendment 1977. ...

“(1) Except as provided in section 1005 of the Detainee Treatment Act of 2005, no court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the Department of Defense at Guantánamo Bay, Cuba.

“(2) The jurisdiction of the United States Court of Appeals for the District of Columbia Circuit on any claims with respect to an alien under this paragraph shall be limited to the consideration of whether the status determination … was consistent with the standards and procedures specified by the Secretary of Defense for Combatant Status Review Tribunals (including the requirement that the conclusion of the Tribunal be supported by a preponderance of the evidence and allowing a rebuttable presumption in favor of the Government's evidence), and to the extent the Constitution and laws of the United States are applicable, whether the use of such standards and procedures to make the determination is consistent with the Constitution and laws of the United States.”

On 29 September 2006, the House and Senate approved the Military Commissions Act of 2006 (MCA), a bill that would suspend habeas corpus for any person determined to be an “unlawful enemy combatant" engaged in hostilities or having supported hostilities against the United States”^[4][5] by a vote of 65–34. (This was the result on the bill to approve the military trials for detainees; an amendment to remove the suspension of habeas corpus failed 48–51.^[6]) President Bush signed the Military Commissions Act of 2006 into law on October 17, 2006. The declaration of a person as an "unlawful enemy combatant" is at the discretion of the US executive branch of the administration, and there is no right of appeal, with the result that this potentially suspends habeas corpus for any non-citizen. The McCain Detainee Amendment was an amendment to the United States Senate Department of Defense Authorization bill, commonly referred to as the Amendment on (1) the Army Field Manual and (2) Cruel, Inhumane, Degrading Treatment, amendment #1977 and also known as the McCain Amendment 1977. ... The United States Court of Appeals for the District of Columbia Circuit, known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. ... is the 272nd day of the year (273rd in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ... Type Bicameral Speaker of the House of Representatives House Majority Leader Nancy Pelosi, (D) since January 4, 2007 Steny Hoyer, (D) since January 4, 2007 House Minority Leader John Boehner, (R) since January 4, 2007 Members 435 plus 4 Delegates and 1 Resident Commissioner Political groups Democratic Party Republican Party... Type Upper House President of the Senate Richard B. Cheney, R since January 20, 2001 President pro tempore Robert C. Byrd, D since January 4, 2007 Members 100 Political groups Democratic Party Republican Party Last elections November 7, 2006 Meeting place Senate Chamber United States Capitol Washington, DC United States... President George W. Bush signs into law S. 3930, the Military Commissions Act of 2006, during a ceremony on October 17, 2006 in the East Room of the White House. ... is the 290th day of the year (291st in leap years) in the Gregorian calendar. ... Year 2006 (MMVI) was a common year starting on Sunday of the Gregorian calendar. ...

With the MCA's passage, the law altered the language from “alien detained … at Guantánamo Bay”:

“Except as provided in section 1005 of the Detainee Treatment Act of 2005, no court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.” §1005(e)(1), 119 Stat. 2742.

On 20 February 2007, the U.S. Court of Appeals for the District of Columbia Circuit upheld this provision of the MCA in a 2-1 decision of the Case Boumediene v. Bush. The Supreme Court let the Circuit Court's decision stand by refusing to hear the detainees' appeal. On June 29, 2007, the U.S. Supreme Court reversed its April 2007 decision and agreed to hear the appeals of Guantanamo detainees who are seeking habeas corpus review of their detentions.[4] is the 51st day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... ‹ The template below (Proseline) is being considered for deletion. ... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ...

Under the MCA, the law restricts habeas appeals for only those aliens detained as "enemy combatants," or awaiting such determination. Left unchanged is the provision that, after such determination is made, it is subject to appeal in U.S. Court, including a review of whether the evidence warrants the determination. If the status is upheld, then their imprisonment is deemed lawful.

There is, however, no legal time limit which would force the government to provide a Combatant Status Review Tribunal (CSRT) hearing. Prisoners are legally prohibited from petitioning any court for any reason before a CSRT hearing takes place. Wikisource has original text related to this article: Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism Wikisource has original text related to this article: Declaration of Stephen Abraham, Lieutenant Colonel, United States Army Reserve, June 14th, 2007 This is the trailer where the Combatant Status...

On January 17, 2007, Attorney General Gonzales asserted in Senate testimony that while habeas corpus is "one of our most cherished rights," the United States Constitution does not expressly guarantee habeas rights to United States residents or citizens. is the 17th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ...

As such, the law could be extended to U.S. citizens and held if left unchecked.[5]

As Robert Parry writes in the Baltimore Chronicle & Sentinel:

To date, there have been a number of confirmed cases in which non-American civilians have been incorrectly classified as enemy combatants. [6]

On June 7, 2007, the Habeas Corpus Restoration Act of 2007 was approved by the Senate Judiciary Committee with an 11-8 vote split along party lines, with all but one Republican voting against it.^[8] Although the Act would restore statutory habeas corpus to enemy combatants, it would not overturn the provisions of the AEDPA which set a statute of limitations on habeas corpus claims from ordinary civilian federal and state prisoners.^{[citation needed]} is the 158th day of the year (159th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... A bill, provisionally called the Habeas Corpus Restoration Act of 2007, S. 185, passed the United States Senate Judiciary Committee on Thursday, June 7, 2007. ... GOP redirects here. ...

On June 11, 2007, a federal appeals court ruled that Ali Saleh Kahlah al-Marri, a legal resident of the United States, could not be detained indefinitely without charge. In a two-to-one ruling by the Fourth Circuit Court of Appeals, the Court held the President of the United States lacks legal authority to detain al-Marri without charge; all three judges ruled that al-Marri is entitled to traditional habeas corpus protections which give him the right to challenge his detainment in a U.S. Court. is the 162nd day of the year (163rd in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... Ali Saleh Kahlah al-Marri is a citizen of Qatar who was arrested while studying in the United States, because the U.S. government classified him as an unlawful combatant. ... The United States Court of Appeals for the Fourth Circuit is a federal court with appellate jurisdiction over the following United States district courts: District of Maryland Western, Middle, and Eastern Districts of North Carolina District of South Carolina Western and Eastern Districts of Virginia Northern and Southern Districts of...

Australia

The writ of habeas corpus as a procedural remedy is part of Australia's English law inheritance^[9].

In 2005, the Australian parliament passed the Australian Anti-Terrorism Act 2005. Some legal experts questioned the constitutionality of the act, due in part to limitations it placed on habeas corpus.^[10] Parliament House, Canberra The Parliament of Australia is a bicameral parliament consisting of the Queen of Australia, the House of Representatives (the lower house) and the Senate (the upper house or house of review). Section 1 of the Constitution of Australia provides that: The legislative power of the Commonwealth shall... The Australian Anti-Terrorism Act 2005 (Revised) is legislation intended to hamper the activities of any potential terrorists in Australia. ...

Ireland

In Ireland the principle of habeas corpus is guaranteed by Article 40, Section 4 of the Irish constitution. This guarantees each individual "personal liberty" and outlines a detailed habeas corpus procedure, without actually mentioning the Latin term. However it also provides that habeas corpus is not binding on the Defence Forces during a state of war or armed rebellion. The Constitution of Ireland (Irish: Bunreacht na hÉireann)[1] is the founding legal document of the state known today both as Ireland and as the Republic of Ireland. ... The Irish Defence Forces encompass the army, navy, air force and reserve forces of the Republic of Ireland. ...

The state inherited habeas corpus as part of the common law when it seceded from the United Kingdom in 1922, but the principle was also guaranteed by Article 6 of the Constitution of the Irish Free State in force from 1922 to 1937. A similar provision was included when the current constitution was adopted in 1937. Since that date habeas corpus has been restricted by two constitutional amendments, the Second Amendment in 1941 and the Sixteenth Amendment in 1996. The Constitution of the Irish Free State was the constitution of the independent Irish state established in December 1922. ... Amend redirects here. ... The Second Amendment of the Constitution of Ireland, the founding legal document of the Republic of Ireland, was an omnibus amendment to a variety of articles aimed at implementing a list of many different changes. ... The Sixteenth Amendment of Bunreacht na hÉireann, the constitution of the Republic of Ireland, provided that a court could refuse bail to a suspect where it feared that while at liberty they would commit a criminal offence. ...

Before the Second Amendment, an individual detained had the constitutional right to apply to any High Court judge for a writ of habeas corpus and to as many High Court judges as they wished. Since the Second Amendment, a prisoner has a right to apply to only one judge, and, once a writ has been issued, the President of the High Court has authority to choose the judge or panel of three judges who will decide the case. The amendment also added a requirement that when the High Court believed someone's detention to be invalid due to the unconstitutionality of a law, it must refer the matter to the Irish Supreme Court and may release the individual on bail only in the interim. The High Court of the Republic of Ireland is a court which deals at first instance with the most serious and important civil and criminal cases, and also acts as a court of appeal for civil cases in the Circuit Court. ... The Supreme Court (Irish: Chúirt Uachtarach) is the highest judicial authority in the Republic of Ireland. ...

In 1965, the Supreme Court ruled in the O'Callaghan case that the provisions of the constitution meant that an individual charged with a crime could be refused bail only if they were likely to flee or to interfere with witnesses or evidence. Since the Sixteenth Amendment, it has been possible for a court to take into account whether a person has committed serious crimes while on bail in the past.

India

The Indian judiciary in a catena of cases has effectively resorted to the writ of habeas corpus only in order to secure release of a person from illegal detention. Personal liberty has always been considered a cherished value in India & the writ of habeas corpus protects that personal liberty in case of illegal arrest or detention. As personal liberty is important, the judiciary has dispensed with the traditional doctrine of locus standi. Hence if a detained person is not in a position to file a petition, it can be moved on his behalf by any other person. The judiciary while going one step further, has also dispensed with strict rules of pleadings. The increasing scope of writ of habeas corpus may be explained with the help of following cases decided by the Indian judiciary.^[11]. The Rajan case was another criminal case in which this writ was effectively used. Rajan case is the defining episode of human rights movement in Kerala. ...

Malaysia

In Malaysia, the right of habeas corpus is enshrined in the Federal Constitution, though the name habeas corpus is not used. Article 5(2) provides that "Where complaint is made to a High Court or any judge thereof that a person is being unlawfully detained the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall order him to be produced before the court and release him."

As there are several statutes, for example, the Internal Security Act 1960, that still permit detention without trial, the procedure is usually effective in such cases only if it can be showed that there was a procedural error in the way that the detention was ordered. In the wake of World War II, a number of countries around the world introduced legislation that severely curtailed the rights of known or suspected communists. ...

New Zealand

While habeas corpus is generally used on the government, it can also be used on individuals. In 2006, a child was allegedly kidnapped by his mother's father after a custody dispute. The father filed habeas corpus against the mother, the grandfather, the grandmother, the great grandmother, and another person alleged to have assisted in the kidnap of the child. The mother did not present the child to the court and was imprisoned for contempt of court. She was released when the child's grandfather came forward with him in late January 2007. [7] [8] Contempt of court is a court ruling which, in the context of a court trial or hearing, deems an individual as holding contempt for the court, its process, and its invested powers. ...

Poland

An act similar to Habeas corpus was adopted in Poland as early as in 1430. Neminem captivabimus, short for neminem captivabimus nisi iure victum, (Latin, "We shall not arrest anyone without a court verdict") was one of the basic rights in Poland and Polish-Lithuanian Commonwealth , stating that the king can neither punish nor imprison any member of the szlachta without a viable court verdict. Its purpose is to release someone who has been arrested unlawfully. Neminem captivabimus has nothing to do with whether the prisoner is guilty, only with whether due process has been observed. Neminem captivabimus is a legal term in Polish historical law. ... For other uses, see Latins and Latin (disambiguation). ... Wikipedia does not have an article with this exact name. ... Stanisław Antoni Szczuka, a Polish nobleman Szlachta ( ) was the noble class in Poland and the Grand Duchy of Lithuania, the two countries that later jointly formed the Polish-Lithuanian Commonwealth. ...

Portugal

The Constitution of Portugal states that Habeas corpus shall be available to counter the misuse of power in the form of illegal arrest, imprisonment or detention. According to the Portuguese Penal Process Code, the application for it shall be made to the judge conducting the preliminary investigations or to the Portuguese Supreme Court of Justice. This article does not cite any references or sources. ... Portuguese Supreme Court of Justice is the highest court of law in Portugal and is without prejudice to the jurisdiction of the Portuguese Constitutional Court. ...

The reasons that may justify an habeas corpus are: exceeded the period to deliver the detainee to judicial power; exceeded the detention period stated by law or judicial decision; detention outside the legally allowed places; detention ordered by an incompetent authority; and detention motivated for fact for which the law does not allow detention.

Spain

The Spanish Constitution states that A habeas corpus procedure shall be provided for by law in order to ensure the immediate handing over to the judicial authorities of any person illegally arrested. The law which regulates the procedure is the Law of Habeas Corpus of 24 May 1984 which provides that a person imprisoned may, on his own or through a third person, allege his Habeas Corpus right and request to appear before a judge. The request must specify the grounds on which the detention is considered to be unlawful which can be, for example, that the imprisoner does not have the legal authority, or that the prisoner's constitutional rights were violated or that he was subject to mistreatment, etc. The judge may then request additional information if needed and may issue an Habeas Corpus order at which point the holding authority has 24 hours to bring the prisoner before the judge. Constitution of Spain - Wikipedia /**/ @import /skins/monobook/IE50Fixes. ...

Philippines

In the Bill of Rights in the Filipino Constitution, habeas corpus is listed near-identically to the U.S. Constitution in Article 3, Section 15:

"The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it."

Notes

Further reading on historical background

• A.H. Carpenter. "Habeas Corpus in the Colonies." The American Historical Review. Vol. 8., No. 1 (October 1902), pages 18-27.
• Louis Fisher. 2003. Nazi Saboteurs on Trial: A Military Tribunal and American Law. University Press of Kansas. ISBN 0-7006-1238-6.
• Michael Dobbs. 2004. Saboteurs: The Nazi Raid on America. Vintage. ISBN 1-4000-3042-0.
• Peter Irons. 1999. A People's History of the Supreme Court. Viking. ISBN 0-670-87006-4. Political context for Ex Parte Milligan explained on Pp. 186-189.
• Helen A. Nutting. "The Most Wholesome Law--The Habeas Corpus Act of 1679." The American Historical Review. Vol. 65., No. 3 (April 1960), pages 527-543.
• Geoffrey R. Stone. 2004. Perilous Times, Free Speech in Wartime From the Sedition Act to the War on Terrorism. Norton. ISBN 0-393-05880-8.
• Cary Federman. 2006. The Body and the State: Habeas Corpus and American Jurisprudence. SUNY. ISBN 0-7914-6703-1.
• Eric M. Freedman. 2001. Habeas Corpus: Rethinking the Great Writ of Liberty (NYU Press) ISBN 0-8147-2717-4
• Robert Searles Walker, Ph.D., HABEAS CORPUS WRIT OF LIBERTY: English and American Origins and Development, BookSurge/Amazon 2006 LibCongControl#2006906118, ISBN 1-4196-4478-5.

The American Historical Review (AHR) is the official publication of the American Historical Association (AHA), a body of academics, professors, teachers, students, historians, curators and others, founded in 1884 for the promotion of historical studies, the collection and preservation of historical documents and artifacts, and the dissemination of historical research. ... The American Historical Review (AHR) is the official publication of the American Historical Association (AHA), a body of academics, professors, teachers, students, historians, curators and others, founded in 1884 for the promotion of historical studies, the collection and preservation of historical documents and artifacts, and the dissemination of historical research. ...

See also

• Habeas Corpus Restoration Act of 2007
• Amnesty International page on Habeas Corpus Restoration Act of 2007
• Military Commissions Act of 2006
• Edward Hyde, 1st Earl of Clarendon
• Neminem captivabimus
• Arbitrary arrest and detention
• Asha Bandele "Habeas Corpus is a legal Entitlement", a poem in Absence in the Palms of My Hands & Other Poems. New York: Harlem River Press. 1996.
• Philippine Habeas Corpus Cases
• Habeas Corpus (play) The Play by the English author Alan Bennett
• List of legal Latin terms
• Harvey Birdman, Attorney at Law
• subpoena duces tecum
• subpoena ad testificandum
• In Re Ning Yi-Ching and others

A bill, provisionally called the Habeas Corpus Restoration Act of 2007, S. 185, passed the United States Senate Judiciary Committee on Thursday, June 7, 2007. ... President George W. Bush signs into law S. 3930, the Military Commissions Act of 2006, during a ceremony on October 17, 2006 in the East Room of the White House. ... Edward Hyde, 1st Earl of Clarendon (18 February 1609–9 December 1674) was an English historian, statesman and grandfather of two queens regnant, Mary II and Anne. ... Neminem captivabimus is a legal term in Polish historical law. ... Arbitrary arrest and detention, or (AAD), is the arrest and detention of an individual in a case in which there is no likelihood or evidence that he or she committed a crime against legal statute, or where there has been no proper due process of law. ... Philippine Habeas Corpus Cases are cases decided by the Supreme Court of the Philippines on the issue with respect to the writ of habeas corpus. ... Habeas Corpus is a comedy stage play by the English author Alan Bennett. ... A number of Latin terms are used in legal terminology and legal maxims. ... Harvey Birdman, Attorney at Law is a North American animated television series comedy created by Williams Street that airs on Cartoon Network during its Adult Swim late night programming block. ... Subpoena Duces Tecum (Latin for: bring with under penalty of punishment). ... A subpoena ad testificandum is a court summons to appear and give oral testimony for use at a hearing or trial. ...

External links

• Barristermagazine.com
• Inmatelaw.org
• LectLaw.com
• Petition for Habeas Corpus April 16, 1843 From Texas Tides
• This American Life: 331: Habeas Schmabeas 2007
• Find Habeas