Habeas Corpus Essays (Examples)
Study Document
The Supreme Court And The Constitution
… to be, and irrelevant when they do not want it to be. For instance, everyone become a Constitutionalist when he starts arguing that habeas corpus (Article I), due process (5th and 14th Amendments) and freedom of speech (1st Amendment) are important. But at other times people argue that … a threat to themselves, they generally want the right to bear arms. If they feel the government poses a tyrannical threat, they want habeas corpus, due process and freedom of speech. If they feel they have the right to their own privacy and do not want their homes ……
Study Document
Principles Of American Democracy
...Habeas corpus Why American Democracy Has Failed and Why the Anti Federalists were Right
Introduction
The Declaration of Independence, written in 1776, asserted that “all men are created equal.”[endnoteRef:2] It was an Enlightenment notion: Thomas Paine, an avid follower of the Enlightenment Movement in Europe, had written the Rights of Man to support and promote the ideas of the philosophical revolution that had gotten underway decades prior with Rousseau’s Social Contract and the latter’s pursuit of naturalism in opposition to the Old World values, virtues and order.[endnoteRef:3] The problem that occurred in America was that the Founding Fathers were not of the same mind as Thomas Paine, though they readily used his words and ideas in their Declaration of Independence. Paine truly believed in the equality of all men and he was whole-heartedly opposed to the institution of slavery. The Founding Fathers were not, and the equality they expressed in the Declaration……
References
References
Declaration of Independence. (1776). Retrieved from https://www.archives.gov/founding-docs/declaration-transcript
Rousseau, J. (2018). Retrieved from https://plato.stanford.edu/entries/rousseau/
Van Voris, J. (1996). Carrie Chapman Catt: A Public Life. New York City: Feminist Press at CUNY.
Hunt, L. (2016). "Introduction: The Revolutionary Origins of Human Rights." In The French Revolution and Human Rights: A Brief History with Documents, 2nd Edition, edited by Lynn Hunt, 1-31 (Boston: Bedford), 1.
Hunt, L. (2016). "Introduction: The Revolutionary Origins of Human Rights." In The French Revolution and Human Rights: A Brief History with Documents, 2nd Edition, edited by Lynn Hunt, 1-31 (Boston: Bedford), 5.
National Assembly. “Declaration of the Rights of Man and Citizen, 26 August 1789.” Liberte, Egalite, Fraternite. http://chnm.gmu.edu/revolution/exhibits/show/liberty--equality--fraternity/item/3216
Foote, S. (1958). The Civil War: Ft. Sumter to Perryville. NY: Random House.
Brutus No. 1. (1787). http://www.constitution.org/afp/brutus01.htm
Study Document
Solitary Confinement And Mental Health Issues In Corrections
...Habeas corpus Functions, Issues, and Objectives in Corrections
Introduction
The functions of the historical state correctional system have changed since the founding of the nation more than 200 years ago. The Jacksonian Era, the Era of Reconstruction and the Progressive Era on up to the reform of the 1970s all effected different changes to the function—i.e., the goals and activities—of the correctional system. Pennsylvania’s state correctional system was the first to introduce solitary confinement as a way of removing the deviant element from society. This was part of William Penn’s attempt at social reform, a fundamental characteristic of his Quaker ideals (Fantel, 1974). The goal of Penn’s plan was to promote moral rehabilitation and it was believed that through the inmate’s lengthy time alone to reflect on his misdeeds he would begin to develop the moral resolve to reform himself and become a better contributing member of society. Today, solitary confinement is……
References
References
Clemmer, D. (1940). The prison community. New Braunfels, TX: Christopher Publishing House.
Compton, M. T., Anderson, S., Broussard, B., Ellis, S., Halpern, B., Pauselli, L., . . .Johnson, M. (2017). A potential new form of jail diversion and reconnection to mental health services: II. Demonstration of feasibility. Behavioral Sciences & the Law, 35(5–6), 492–500. doi:10.1002/bsl.2319
Corrections Arizona Department. (2020). Retrieved from https://corrections.az.gov/location/110/kingman
Dryburgh, M. (2009). Policy implications of whistle-blowing: The case of Corcoran State Prison. Public Integrity, 11(2): 155-170.
Fantel, H. (1974). William Penn: Apostle of Dissent. NY: William Morrow & Co. Florida Department of Corrections. (2020). Retrieved from
https://twitter.com/FL_Corrections/status/1234884340296843266
Hensley, J. & Rough, G. (2011). Kingman prison still under scrutiny. Retrieved from http://archive.azcentral.com/news/articles/2011/01/30/20110130kingman-prison-still-under-scrutiny0130.html
HIV among Incarcerated Populations. (2015). CDC. Retrieved from http://www.cdc.gov/hiv/group/correctional.html
Study Document
Constitutional Rights And Administrative Goals
...Habeas corpus The 8th Amendment and Prison Life
Not all of an individual’s Constitutional rights are lost the moment the person is incarcerated. On the contrary, it is there that they become more important than ever because it is in the penitentiary that individuals are essentially cut off from society and at the mercy of the correctional system. The correctional system must, therefore, maintain a degree of authenticity and transparency so that society can be assured that prisoners are treated humanely and in accordance with their Constitutional rights. At the same time the correctional system has to take issues such as security, effective administration, and cultural sensitivity. This paper will show that when it comes to the rights of the incarcerated, the correctional system must be fair and equitable in their treatment and handling of prisoners.
Wolff v. McDonnell, 418 U.S. 539 (1974) was the United States Supreme Court case that set the record straight on……
References
References
Compton, M. T., Anderson, S., Broussard, B., Ellis, S., Halpern, B., Pauselli, L., . . . Johnson, M. (2017). A potential new form of jail diversion and reconnection to mental health services: II. Demonstration of feasibility. Behavioral Sciences & the Law, 35(5–6), 492–500. doi:10.1002/bsl.2319
Oaks, D. H. (1965). Habeas corpus in the states: 1776-1865. The University of Chicago Law Review, 32(2), 243-288.
Richmond, C. (2015). Toward a More Constitutional Approach to Solitary Confinement: The Case for Reform. Harv. J. on Legis., 52, 1.
Stojkovic, S., & Lovell, R. (2019). Corrections: An introduction (2nd Ed.). Retrieved from https://content.ashford.edu " target="_blank" REL="NOFOLLOW">
Study Document
Reforming The Criminal System
...Habeas corpus The Need for Criminal Justice Reform and Bail Reform
When it comes to incarceration, the U.S. has the worst record in the world: the U.S. is only 4.4% of the world’s population, but it makes up 22% of the entire planet’s prison population. 716 people for every 100,000 in the U.S. will be incarcerated; moreover, 70% of those in prison will be there simply because they cannot afford to pay for bail (ACLU, 2019). Since most people live paycheck to paycheck in the U.S. it is not surprising to find that anyone accused of a crime is unlikely to be able to post the average cost of bail, which in the U.S. is $11,000 (ACLU, 2019). For these reasons, there is a need to establish both criminal justice reform and bail reform in the U.S. The American Gulag is like that of the Soviet Gulag: people lose their entire lives……
References
References
ACLU. (2019). ACLU lawsuit goes after $2 billion bail industry that profits off poor people. Retrieved from https://www.aclu.org/press-releases/aclu-lawsuit-goes-after-2-billion-bail-industry-profits-poor-people
Drug Policy Alliance. (2019). New Jersey Judiciary Releases Annual Bail Reform Report, with Additional Key Statistics. Retrieved from http://www.drugpolicy.org/press-release/2019/04/new-jersey-judiciary-releases-annual-bail-reform-report-additional-key
Pelaez, V. (2019). The Prison Industry in the United States: Big Business or a New Form of Slavery? Retrieved from https://www.globalresearch.ca/the-prison-industry-in-the-united-states-big-business-or-a-new-form-of-slavery/8289
Ziegelheim, D. (2018). Grassroots Organizations Are Leading The Way On Criminal Justice Reform. Retrieved from https://psmag.com/social-justice/the-grassroots-organizations-leading-criminal-justice-reform
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