A Study On The United Ststes Federal Habeas Corpus

Habeas corpus as a prerogative writs in ancient common law,is the court issued a command to the detainees,to review the the legality of the detention.Habeas corpus in the countries of Anglo American law is known as "the great writ".Although habeas corpus is an ancient writ,but not with the passage of time and become law fossil.Today,not only in Britain and America habeas corpus is still the ambassadors of liberty,and the vast majority of the world countries pursuing democracy and rule of law have established the "great writ".The United Nations Commission on human rights in 1992 made a resolution calling on countries around the world to adopt this system.In this paper,I choose 1860 s as the time node,and introduce the challenges faced by the federal habeas corpus in the future development,Including both the legislative and judicial aspects,and the response of administrative power,but also reflects the game between the various powers.The first part is an overview of the federal habeas corpus.First of all,it is introduced that the old system of habeas corpus originated in England,and then spread to the United States with the overseas colonization.Secondly,I introduce the ideological basis of the Habeas Corpus,including the idea of liberalism and the concept of due process of law.Finally,I briefly introduces the application of the federal habeas corpus and the brief description of its challenges in the development process.The second part is the suspension of habeas corpus since 1860 s,including the suspension of habeas corpus during the civil war and the suspension of habeas corpus in Hawaii during the Second World War.These two are in an administrative order to stop their use,but also during this period only two times.Lincoln suspended habeas corpus,although by judge Taney opposed.But overall,in order to victory,the administrative power is in a more important position.But at the end of the war,in the Milligan cases,the court began to play its role,and made a different judgment with Milligan cases.The third part introduces the limitation of the federal habeas corpus in the form of legislation and case law.It can be divided into three stages.The first stage is before the Second World War after 1976,this is a period of great development of federal habeas corpus.so has the less restrictive,mainly concentrated in the procedure default,including exhaustion of state remedies and narrow procedure default.Exhaustion of state remedies means that a person may not be able to support a habeas corpus request to the federal court without the use of state remedies.Narrow procedure default means that A federal court will not be able to review the claims of a habeas corpus,when a state court makes a clear examination of its complaint and makes it clear that the decision is based on procedural terms.Finally,the main factors affecting the development of this period are also introduced.This stage is mainly in the Warren Court era,in the influence of the civil rights movement and impetus of liberalism,the court also adopted a more liberal attitude,committed to safeguarding the rights of citizens.The federal habeas corpus had a great development.But in the late of this period,it has many critics,such as flood,lack of finality and friction.The second stage is after 1976 to the 9·11 incident,first introduced three cases.Stone v.Powell case,if the state court has been provided a complete and fair opportunity to claim the fourth amendment of the applicant,defendant can't applied habeas corpus on the grounds of illegal search and seizure.Wainwright v.Sykes,if the applicant does not propose “a contemporaneous objection rule” in the state trial,cannot apply for a federal habeas corpus on the grounds that Miranda's rights are damaged.The case of Sumner v.Marta,made the applicant for a federal habeas corpus under certain circumstances bear specific burden of proof.The Reagan administration's reform proposals,Some scholars believe that if applied to the criminal prosecution of the state,it will have a huge impact on the implementation of the Federal Constitution,the structure of the criminal justice system will be changed.But in the end it did not get through.Finally,the AEDPA passed in 1966,a series of regulations to make the state prisoners to get the federal habeas corpus relief and the desire to regain freedom has become increasingly slim.This stage is mainly in the Rehnquist Court era.Under the influence of the political right deviation,the court also began to turn to conservatism.So gradually the court limit the development of federal habeas corpus,gradually narrowing its scope of application.The third stage is after 9·11 incident.The first is the case of Hamdi v.Rumsfeld,emphasizing that citizens can also be treated as "enemy combatants" in the war on terror.Although it can't be equal to the rights provided by the constitution,the court also proposed that the prisoners should be provided with the help of lawyers,military judicial channels,and the parties have the right to obtain procedural safeguards.In Rasul v.Bush,the Supreme Court ruled that foreigners outside the U.S.military base in prison have the same rights to apply United States Court for federal habeas corpus.This is a classic case in the development of habeas corpus.The verdict of this case reflecting the court's efforts to safeguard human rights,has aroused the dissatisfaction of the government,and there are many questions in the society.The last part of the passage is the United States Military Commission Act in 2006.It because of the government dissatisfy with the court's decision in rasul v.bush,so it urges Congress to enact a bill to offset the court's decision in that case.These are because of the 911 incident,under the pressure of anti-terrorism,the voice of national security is increasing.It reflects the relationship between the court and the government in the fight against terrorism and the maintenance of civil rights.Finally,in the conclusion part of the article,it is pointed out that although the federal habeas corpus has had a dark period in its development,its core value has been affirmed.The process of the development of the federal habeas corpus also embodies the judicial and administrative powers,including the game between the three legislative powers.