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Habeas corpus
Lincoln violated the constitution by suspending the writs of Habeas Corpus.
Writs of assistance
Definition_____A legal order for an inquiry to determine whether a person has been lawfully imprisoned.......Criticism also greeted president Lincoln's decision to suspend writs of habeas corpus.
Habeas Corpus is constitutional right allowing citizens to seek relief from unlawful imprisonment. Article 1, Section 9, Clause 2 of the Constitution says that Congress can suspend this during acts of rebellion or invasion.
Definition_____A legal order for an inquiry to determine whether a person has been lawfully imprisoned.......Criticism also greeted president Lincoln's decision to suspend writs of habeas corpus.
Judiciary Act of 1867 is the delegation of authority to federal district courts to issue writs of habeas corpus to anyone restrained in violation to the constitution. Power is delegated to Supreme Court to hear appeals to cases where the writ was either granted or denied.
Indian constitution has stipulated 5 kinds of writs....Habeas corpus,certiorari,mandamus,prohibition and quo warranto
Lincoln got tired of everyone criticizing the government. If anyone was to talk about it, they would be sent straight to jail without a trial.
Types of Writs:1. Habeas Corpus2. Mandamus3. Prohibition4. Certiorari5. quo warranto
There have been tens of thousands of writs of certiorari granted in the history of the US Supreme Court.
THE MODERN WRIT OF HABEAS CORPUS: Today the Writ of Habeas Corpus is used in many different ways. It applies to post conviction relief in criminal matters even where the judgment of judge and jury is final. It applies to those who are in police custody but who are not charged with a crime. It applies to those who are awaiting trial but who have not been able to make an excessive bail. It applies to death row prisoners who challenge their death sentence. It applies to prisoners who remain in custody after the expiration of their lawful sentence. Additionally, Habeas Corpus applies to both adults and children who are restrained of their liberty in some meaningful manner but who are not in the actual custody of police or other public authority. For example, Writs of Habeas Corpus have been issued in civil cases on application of a parent where a child's custody is being sought against the wishes of the other parent who allegedly "restrains" the child.See the related link.