Habeas Corpus Act

• Habeas Corpus Act

The Habeas Corpus Act was an English statute enacted in 1679 during the reign of King Charles II. It was subsequently amended and su...

• West's Encyclopedia of American Law
• Fri–Jam

• Military Commissions Act Violates Right of Habeas Corpus

This law does not apply to American citizens," the Times October 19th editorial stated, "but it does apply to other legal United States residents. And it chips away at the foundations of the judicial system in ways that all Americans should find threatening." However, the Times analysis appears to be far too gentle. While it's true that some parts of the Military Commissions Act of 2006 target non-citizens, other sections clearly apply to US citizens as well, putting citizens inside the same tribunal system with resident aliens and foreigners. "Any person is punishable as a principal under this chapter who commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission," according to the law. "Any person subject to this chapter who, in brea...

• Peacework
• Vol. 33 Nbr. 371, December 2006

• Habeas Corpus Act of 1863 12 Stat. 755 (1863)

Justice, before the CIVIL WAR and ...

• Encyclopedia of the American Constitution
• FA-JW

• Habeas Corpus Act of 1679 31 Charles II C.2 (1679)

The right to the writ of HABEAS CORPUS, as ...

• Encyclopedia of the American Constitution
• FA-JW

• Habeas Corpus Act of 1867 14 Stat. 385 (1867)

This act, whose intent one expert has called "unusually murky," fundamentally amended the ...

• Encyclopedia of the American Constitution
• FA-JW

• Boumediene v. Bush, 553 U.S. (2008)

... al Qaeda, each petitioner sought a writ of habeas corpus in the District Court, which ordered the ca...

• U.S. Supreme Court

• Gitmo client leads Tallahassee lawyer to Afghanistan: 'is the Military Commissions Act an adequate substitute for habeas corpus?'.

After striking a deal to settle a nationwide class-action lawsuit against Walgreens, Tallahassee civil rights attorney Kent Spriggs had free time for ...

• Florida Bar News
• May 15, 2008

• Recognizing Media Protections in Indian Country

[...] the Indian Civil Rights Act gave federal courts explicit authority only to review habeas corpus petitions against tribal governments. Since this whole case," she said, "I've been thinking about law school, thinking about other ways I can work to help preserve freedom of the press in Indian country.

• News Media and the Law
• Vol. 33 Nbr. 3, July 2009

• A Critical Analysis of Actual Innocence After House V. Bell: Has the Riddle of Actual Innocence Finally Been Solved?

Congressional acts and federal courts authorize habeas corpus proceedings as a post-conviction remedy for prisoners challenging the validity of their imprisonment under the Constitution.9 Habeas corpus law is one of the most contentious areas of law because it is the only instance in which federal courts can review and overturn state court decisions without giving res judicata effect to those decisions.10 Congress enacted the initial federal statutory version of habeas corpus law in 1789 by way of the Judiciary Act.11 The Judiciary Act allowed "federal courts to issue writs of habeas corpus for prisoners held in federal custody and who alleged that their confinement violated [federal law].

• University of Memphis Law Review, The
• Vol. 37 Nbr. 4, July 2007

• The Antiterrorism and Effective Death Penalty Act of 1996: a new one-year limitation for filing a federal habeas corpus petition.

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), enacted and effective on April 24, 1996, dramatically changed the legal landscape o...

• Florida Bar Journal
• Vol. 75 Nbr. 7, July 2001