a public defender


The purpose of habeas corpus

Posted on June 12, 2008 by Gideon

If you're new here, you may want to subscribe to my RSS feed. Thanks for visiting!

More from Boumediene:

Indeed, 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”).

Sphere: Related Content

RSS feed | Trackback URI

1 Comment »

Comment by Anton
2008-06-13 11:09:38

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?

 
Name (required)
E-mail (required - never shown publicly)
URI
Subscribe to comments via email
Your Comment (smaller size | larger size)
You may use <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong> in your comment.

Readers who viewed this page, also viewed:

Trackback responses to this post


  • link behavior


  • quick comment

    Latest on Tue, 00:31

    Woman in Black: The green thing cracked me up. Thought I got some bad paint fumes.

    Gideon: It is! Only problem is, I seem to have to approve each one

    Marie: I like this "quick comment" thing. It's like a mix of Post-it note, IM & Twitter. Cool!

    prityladybabe: the money being spent to cover the po's gas, hours of doing check-ins that could help county rds , transportation world

    Gideon: Wondering whether to write a new post now or save it for tomorrow

    » Leave a reply



  • syndication

    AddThis Social Bookmark Button
    AddThis Feed Button

    Enter your email address:

    Delivered by FeedBurner

  • pd blog search

  • terms of use

    Nothing on this blog is legal advice.
    Read the Legal Disclaimer and Privacy Policy.
    For the full comments policy, click here.

    Creative Commons License
    This work is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 License.
  • Polls

    Please select one

    View Results

    Loading ... Loading ...
  • stats



  • Meta