Chapter

: An Introduction to the Writ of Habeas Corpus

in Habeas for the Twenty-First Century

Published by University of Chicago Press

Published in print April 2011 | ISBN: 9780226436975
Published online March 2013 | e-ISBN: 9780226436968 | DOI: http://dx.doi.org/10.7208/chicago/9780226436968.003.0001
: An Introduction to the Writ of Habeas Corpus

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This chapter explores the habeas remedy, as it originated and evolved in the English common law, and its subsequent development in the United States. The Great Writ of habeas corpus was a legal procedure. Habeas became part of the law of the newly independent American states. The crisis of federalism that prompted the Warren Court to expand habeas review under Section 2254 no longer rages. The case of Lakhdar Boumediene, a man whose freedom was secured by the Great Writ of habeas corpus, is discussed. This case showed why the Great Writ has been considered with respect and admiration. On the other hand, the case of Ronald Graham illustrates how habeas corpus can turn into a massive waste of time, energy, and societal resources. It is suggested that Congress should amend the habeas statute to restrict the scope of habeas review of state noncapital criminal cases.

Keywords: habeas corpus; Great Writ; United States; English common law; federalism; Lakhdar Boumediene; Ronald Graham; Warren Court

Chapter.  6671 words. 

Subjects: Constitutional and Administrative Law

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