The purpose of habeas corpus
Posted on
June 12, 2008 by
Gideon
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Sphere: Related ContentIndeed, common-law habeas corpus was, above all, an adaptable remedy. Its precise application and scope changed depending upon the circumstances. See 3 Blackstone *131 (describing habeas as “the great and efficacious writ, in all manner of illegal confinement”); see also Schlup v. Delo, 513 U. S. 298, 319 (1995) (Habeas “is, at its core, an equitable remedy”); Jones v. Cunningham, 371 U. S. 236, 243 (1963) (Habeas is not “a static, narrow, formalistic remedy; its scope has grown to achieve its grand purpose”).
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Scalia says, “…The category of prisoner comparable to these detainees are not the Eisentrager criminal defendants, but the more than 400,000 prisoners of war detained in the United States alone during World War II. Not a single one was accorded the right to have his detention validated by a habeas corpus action in federal court—and that despite the fact that they were present on U. S. soil.”
Do you see a problem with this? Some are saying that this ruling puts at grave risk all future possible “detainees” for reasons that are obvious (why bother capturing and keeping alive if….). Should all of the 400,000 Axis prisoners above been afforded the right to flood our legal system with Habeas appeals?