The prisoners there have access to lawyers, and the federal courts oversee habeas corpus cases.
ECONOMIST: Maybe that has become the wrong question for Barack Obama
Reaves prepared for him a state writ of habeas corpus, known as a Great Writ.
Whatever the outcome, the Supreme Court now plans to weigh in on the habeas corpus debate.
But the detainees' lawyers say their habeas corpus challenges could take months, if not years.
Dozens of habeas corpus lawsuits are working their way up through the federal courts.
This case should force a re-examination of current habeas corpus law and its Byzantine procedural obstacles.
FORBES: Jeffrey MacDonald, Innocence, and the Future of Habeas Corpus
Habeas corpus relief depends upon a combination of newly-discovered evidence plus a demonstration of innocence.
FORBES: Jeffrey MacDonald, Innocence, and the Future of Habeas Corpus
And the question, basically, is whether they have the right to habeas corpus.
After Willingham filed another writ of habeas corpus, this time in federal court, he was granted a temporary stay.
Former Bush administration lawyer Brad Berenson says that the new law does provide a sufficient alternative to habeas corpus.
Only the right of habeas corpus contains with it, he suggested, the ultimate sanction of ordering a detainee's release.
El-Gharani's lawyers filed a habeas corpus petition in federal court, demanding the government justify its continued detention or release him.
What's more, says Cornell University law professor Trevor Morrison, the law does not provide a key element of habeas corpus.
Court of Appeals rules on whether the CSRT hearings have followed the procedures established as an alternative to habeas corpus.
The White House has already threatened to veto the Defense Authorization Bill if the habeas corpus issue is added as an amendment.
"Senator Obama demonstrated real leadership then and since, continuing to raise Guantanamo and habeas corpus in his speeches and in the debates, " they said.
The Bush administration argues that Congress approved just such an alternative when it stripped the courts of the right to hear the detainees' habeas corpus challenges.
The writ of habeas corpus, he contended, has always allowed prisoners to challenge their detention if they claim they are not warriors and are being wrongly held.
Justices Samuel Alito and Ruth Bader Ginsburg wondered whether detainees held at other bases in Germany or Iraq, for instance, would also have a right to habeas corpus.
But the court has now ruled these to be neither an effective nor adequate substitute for habeas corpus hearings before a civilian court, with all the normal due-process protections.
Ratner says his work, part of decades of legal maneuvers to undermine the nation's protection against terrorists, is really a fight to save habeas corpus and the U.S. Constitution.
Zant, raised the bar for habeas corpus petitions .
FORBES: Jeffrey MacDonald, Innocence, and the Future of Habeas Corpus
Mr Ackerman also analyses the Supreme Court's record since the attacks, which he sees as mixed, especially on the writ of habeas corpus, and he proposes a reasonable post-disaster plan on government continuity.
The question facing the court is whether the detainees have the right to go into the U.S. courts to challenge their detentions, using the constitutionally guaranteed procedure called a writ of habeas corpus.
Tsarnaev would be represented by counsel who could seek a writ of habeas corpus from the federal courts if what I envision as a reasonably brief period of temporary detention turned into something abusive.
The MacDonald case puts front-and-center the pivotal question of whether the writ of habeas corpus should be available to the convicted, regardless of how many times a defendant has unsuccessfully attacked his conviction in the past.
FORBES: Jeffrey MacDonald, Innocence, and the Future of Habeas Corpus
Last year he filed a habeas corpus petition in federal court saying the New York court where he was convicted violated his constitutional right to present a defense by not giving him exculpatory evidence prior to trial.
And in an article in the New York Times this week the White House chief counsel, Alberto Gonzales, stepped back on one point: defendants will have the right of appeal to civilian courts (through a habeas corpus proceeding).
In the federal system, severe restrictions have been imposed on the ancient writ of habeas corpus, a common law doctrine predating the U.S. Constitution by several centuries, which allows the wrongly convicted to attack their trials and verdicts.
FORBES: The San Antonio Four Show the Injustice of Sex Abuse Witch-hunts
Finally, when the appeals were done and the convictions upheld, the defendants began filing habeas corpus petitions - a practice that continues to this day - claiming that this or that constitutional right was infringed, or that this or that prison condition was inhumane.
应用推荐