Friday, October 27, 2006

R I P Habeas Corpus?


Researching Habeas Corpus.

On Tuesday, October 17, the U.S. Congress passed a law, which was then signed by the President, restricting Habeas Corpus rights.

Habeas Corups in Latin literally means, "You have the body." It is a court petition which orders that a person being detained be produced before a judge for a hearing to decide whether the detention is lawful. Habeas corpus is a basic individual right against arbitrary arrest and imprisonment.
www.leanlegal.com/dictionary/h.asp

For a history of Habeas Corpus in the U.S. using Academic (“peer reviewed”) resources type habeas corpus in the search box of these databases:

All JSTOR results are considered scholarly. To see only scholarly sources in EBSCO, click the “Academic Journals” link at the top of the list of search results.

To find the history of Habeas Corpus, type habeas corpus England into the JSTOR search box. See especially the article titled The Most Wholesome Law: The Habeas Corpus Act of 1679.

Current Issues and Analysis from the Press:
Type habeas corpus in the search box of these databases:

2 comments:

Anonymous said...

Are you referring to the suspension during the Civil War? I have looked into the Wall Street Journal, the New York TImes, the BBC, and Australia's Herald Sun, and I have not found a single mention of this no matter how I set my search.

Logue Librarians said...

If you are asking about the current situation, here’s something from the New York Times (in newsbank)
http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=114DCF5DE794F710&p_docnum=14&p_queryname=3&p_product=AWNB&p_theme=aggregated4&p_nbid=T6FP5BLQMTE2MjIzMTY3Mi42OTA0ODk6MToxMjo2Ni43LjEzMy4xOTM

If you can’t get that to open, just go to newsbank and search the NYT for “habeas corpus” This article (and editorial) from Oct. 19 was called “Dangerous New Order.”

The news story is here: http://infoweb.newsbank.com/iw-search/we/InfoWeb?p_action=doc&p_docid=114D78E6CAA956F0&p_docnum=5&p_queryname=4&p_product=AWNB&p_theme=aggregated4&p_nbid=T6FP5BLQMTE2MjIzMTY3Mi42OTA0ODk6MToxMjo2Ni43LjEzMy4xOTM
It’s called President Signs New Rules To Prosecute Terror Suspects

If you can't get those to open (if you are off-campus, you might have trouble), click the Newsbank link in the original post and then use the map to select the NY Times.

But yes, there were two other times in history when Habeas Corpus was suspended. The Civil War was one. Do you know the other?