Explain why it was that the Founding Fathers felt the right to habeas corpus was so important and how it applies today.
What will be an ideal response?
The importance of the writ of habeas corpus is revealed in the fact that the Founding Fathers included
it in the Constitution itself. Article I, Section 9 states that “the Privilege of the Writ of Habeas Corpus shall
not be suspended unless when in Cases of Rebellion or Invasion the public safety can require it.”
Reflecting its origins in English common law, the writ initially was viewed solely as a means of protecting
citizens from unlawful detention by the state. This changed after the Civil War. As Pursley (1995)
explained, Congress was concerned that the southern states would retaliate against the northern states
by locking up the reconstructionists who were attempting to restore order in the South. These concerns
prompted the passage of an 1867 law that authorized federal courts to issue writs of habeas corpus on
behalf of any person being held in custody in violation of the Constitution. With this law, “the machinery
was set in place for the writ to evolve into what it has primarily become today: A post conviction remedy
to challenge trial judgment”
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Fill in the blank(s) with correct word
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Answer the following statement true (T) or false (F)
All information that is material and favorable to the accused defendant because it casts doubt on the defendant's guilt or on the evidence the government intends to use at trial is called:
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