Habeus Corpus Research Paper Example | Topics and Well Written Essays - 1250 words

Habeus Corpus - Research Paper Example Due to this reason, the Great Writ, often referred to as the writ of Habeas Corpus, constitute an important means for the protection of prisoners from unlawful governmental action and imprisnoment. (Sharpe, 1976). To ensure that the executive departments of the government are accountable to the judiciary is, by far, the overriding purpose of habeas corpus. The Latin phrase habeas corpus ad subjiciendum, is the phrase from which the term habeas corpus has been derived. The phrase literally means to â€Å"have the body to submit to the authority of the court†. The roots of the writ of habeas corpus can be traced to the Habeas Corpus Act of 1679 enacted by the British Parliament. The writ of Habeas Corpus later on became a part of the Constitution of the United States of America. According to Article 1, Section 9, the Habeas Corpus shall not be suspended because it is essential for the protection of personal freedom except in the Cases of Rebellion. (Schultz, 2009). Keeping in vi ew the fact that the US Constitution states about the suspension of writ of habeas corpus in Invasion of Public Safety cases, thus, in context to the war on terror, the prisoners cannot enjoy the privileges of writ of teh habeas corpus. History The writ of habeas corpus originated in the Common Law and initially it was only viewed as a legal procedure through which the federal judiciary evaluated the legality of the authority of the federal government. In simple words, the habeas corpus was a legal proceeding through which the court determined the legitimacy of a prisoner’s detention. In such cases, the legality of the prisoner’s detention is justified by the government official in court by presenting legal documents such as a warrant or a judgment of conviction or documents which prove that the official was ordered to imprison the individual. (Schultz, 2009). The availability of the Great Writ and the nature of the claims that can be considered have been significantly expanded over the past few decades. The Great Writ was extended to include the consideration of whether the state prisoner’s detention violated any rights protected by the US Constitution, was enacted by the US Congress under the title of Habeas Corpus Statute in 1867. Later, the types of the claims which could be asserted against the state officials as constitutional violations grew substantially following the ratification of the Fourteenth Amendment. Later, by the 1970s, Habeas Corpus had evolved into a means intended to be utilized for the assertion of provisions of the national constitution in an effort to challenge the legality of the detention of a prisoner. The challenges included are challenges to incarceration following a criminal conviction, detention immediately following an arrest. Moreover, the commitment to a mental institution and challenges to the nature of the detention were also became a part of the habeas corpus in the late 1970s. Most frequently, the habe as corpus is utilized by the state inmates to review their criminal convictions. The inclusion of allegations of constitutional violations occurring during trials paved way for the prisoners to request a comprehensive review of their state court criminal trials. Most importantly, through the writ of habeas corpus, the state inmates received a forum which could be utilized by the court to determine if the prisoners

Philosophy - Aristotle vs Plato Essay Example | Topics and Well Written Essays - 1250 words

Philosophy - Aristotle vs Plato - Essay Example But essentially at a point their philosophies are almost the same because both them doubt the physical reality while their solutions for the believability of reality are different. Indeed Aristotle’s belief in reality emerges from the experimental proof. But Plato’s belief in reality is mostly contextual. For example, if it is believed by the most of the people, it is the reality for the time being. Even if one meets a more real thing, it will not be established by until others also feel in the same way as the person who has viewed the more real/realer. Therefore, Plato’s reality seems to be the norms followed by the most. Plato asserts that reality is essentially subjective and normative while Aristotle’s reality is objective and in order to earn the credibility, it needs to go through a set of experimental process. Indeed both Plato’s and Aristotle’s philosophies are complimentary to each other in the sense that the escaped prisoner discovers the reality through Aristotle’s experimental process that symbolically represents the prisoner’s attempt to escape from the cave, though in Plato’s allegory, the escapade of the prisoner happens accidentally, and the escaped prisoner must teach other prisoners in order to drive out the reality of the cave from their head, while establishing his own reality. In Plato’s Allegory of the Cave, the prisoners’ cognitive perception of the shadow reality can be considered as their knowledge of the Cave. That is, Plato knowledge is related to physicality, and reality is absolutely the Ideas that precedes reality. P lato’s theory of Ideas and knowledge suggests that â€Å"states of being are contingent upon the mingling of various Forms of existence, that knowledge is objective and thus clearly more real, and that only the processes of nature were valid entities† (Thomas 23). In this regard, Richard L. W. Clark says that in Plato’s hierarchical model of cognition, â€Å"empirical