Jump to ContentJump to Main Navigation
Habeas for the Twenty-First CenturyUses, Abuses, and the Future of the Great Writ$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use (for details see www.chicago.universitypressscholarship.com/page/privacy-policy).date: 17 October 2018

: An Introduction to the Writ of Habeas Corpus

: An Introduction to the Writ of Habeas Corpus

(p.1) Chapter One: An Introduction to the Writ of Habeas Corpus
Habeas for the Twenty-First Century
University of Chicago Press

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

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.