Habeas Corpus Research Paper

Let’s start off with what is Habeas Corpus? “A demand by a court to a jailer to produce the prisoner and announce the charges.” (Levin-Waldman, 2012). Habeas Corpus dates all the way back to the fourteenth century and was made part of England law back in 1679. When this great nation was being formed Habeas Corpus was saw as common law and continued to recognize it following our Independence. U.S. Constitution formed no explicit provision for writ, “The privilege of the writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”(Federal Judicial Center, 2015) In 1789 the Congress allowed federal courts jurisdiction to issue Habeas Corpus to prisoner’s custody that also counts for Military prisoners in my opinion since …show more content…
Military was required to inform all arrests to the federal courts. The Military must also discharge all prisoners not indicted promptly. Habeas Corpus were protecting everyone’s civil liberties during 1867 when Congress made a dramatic expansion to Habeas Corpus. Allowing protection to the freed slaves along with Union supporters. First example of the suspension of Habeas Corpus was back in the Civil War on April 27 1861 by Abraham Lincoln. It was just limited in certain military transport lines. It was later expanded to all arrest aimed at the disloyal actions and conduct in Union area. The second time Habeas Corpus was suspended was during World War II, President Franklin Roosevelt arranged the quarantine of Japanese American following the attack on Pearl Harbor. Japanese from varies states entered these so called detention camps ordered by the President of the United Sates. President Roosevelt feared that the Japanese would stay loyal to Japan during this time and would open opportunities for Japanese Americans to attack. Finale example of Habeas Corpus being suspended was during the War on