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, 2017. 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 http://www.chicago.universitypressscholarship.com/page/privacy-policy).date: 18 November 2017

: Habeas and Detention without Conviction

: Habeas and Detention without Conviction

Chapter:
(p.18) Chapter Two: Habeas and Detention without Conviction
Source:
Habeas for the Twenty-First Century
Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226436968.003.0002

This chapter, which offers an analysis of habeas review of detentions for reasons other than criminal conviction (including the terrorism and immigration cases), explains why the Supreme Court should continue to be exceptionally vigilant about preserving habeas review for those who have not been found guilty of a crime but are confined nonetheless. In immigration and military detention, Congress has expressly limited the judiciary's power to review the executive's decision to detain. The writ of habeas corpus remained available to those targeted as potential threats. During armed conflicts, the risk of military detention and the significance of habeas review escalated in tandem. Military detention has made constitutional showdowns such as the one over the Guantanamo detainees exhausted in habeas cases before the Supreme Court. It is noted that habeas corpus performs its most vital role in checking detention without conviction.

Keywords:   habeas corpus, terrorism, immigration, Supreme Court, military detention, habeas review, Guantanamo detainees

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.