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Habeas for the Twenty-First CenturyUses, Abuses, and the Future of the Great Writ$
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Nancy J. King and Joseph L. Hoffmann

Print publication date: 2011

Print ISBN-13: 9780226436975

Published to Chicago Scholarship Online: March 2013

DOI: 10.7208/chicago/9780226436968.001.0001

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: An Introduction to the Writ of Habeas Corpus

: An Introduction to the Writ of Habeas Corpus

Chapter:
(p.1) Chapter One: An Introduction to the Writ of Habeas Corpus
Source:
Habeas for the Twenty-First Century
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226436968.003.0001

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

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