Right to Habeas Corpus - Revision history

Jbraun: /* Kenya */

2010-11-17T11:16:42Z

Kenya

← Older revision		Revision as of 13:16, 17 November 2010
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	* 6. The date fixed for the return to the summons shall be as soon as may be convenient after its issue to permit of the attendance of the parties served.		* 6. The date fixed for the return to the summons shall be as soon as may be convenient after its issue to permit of the attendance of the parties served.

			Constitutional Law

	The Constitution grants an unlimited right to an order of habeas corpus, Art. 25, Art. 51(2). The procedure governing the application and issue of an order of habeas corpus are set out in the Criminal Procedure Code Sec. 389 and the accompanying Rules. Under the CPC, the High Court may, in exercise of its supervisory powers, order that any person illegally or improperly detained in public or private custody be set at liberty. For an order to issue, the applicant must “show cause and demonstrate that other ordinary remedies are either inapplicable or inadequate” (See, Paul Mburu Kamau & Another V Provincial Criminal Investigation Officer, Coast Province & Another [2006] eKLR)		The Constitution grants an unlimited right to an order of habeas corpus, Art. 25, Art. 51(2). The procedure governing the application and issue of an order of habeas corpus are set out in the Criminal Procedure Code Sec. 389 and the accompanying Rules. Under the CPC, the High Court may, in exercise of its supervisory powers, order that any person illegally or improperly detained in public or private custody be set at liberty. For an order to issue, the applicant must “show cause and demonstrate that other ordinary remedies are either inapplicable or inadequate” (See, Paul Mburu Kamau & Another V Provincial Criminal Investigation Officer, Coast Province & Another [2006] eKLR)

Jbraun: /* Kenya */

2010-11-17T11:16:02Z

Kenya

← Older revision		Revision as of 13:16, 17 November 2010
Line 90:		Line 90:

	* 6. The date fixed for the return to the summons shall be as soon as may be convenient after its issue to permit of the attendance of the parties served.		* 6. The date fixed for the return to the summons shall be as soon as may be convenient after its issue to permit of the attendance of the parties served.

			The Constitution grants an unlimited right to an order of habeas corpus, Art. 25, Art. 51(2). The procedure governing the application and issue of an order of habeas corpus are set out in the Criminal Procedure Code Sec. 389 and the accompanying Rules. Under the CPC, the High Court may, in exercise of its supervisory powers, order that any person illegally or improperly detained in public or private custody be set at liberty. For an order to issue, the applicant must “show cause and demonstrate that other ordinary remedies are either inapplicable or inadequate” (See, Paul Mburu Kamau & Another V Provincial Criminal Investigation Officer, Coast Province & Another [2006] eKLR)

	===Tanzania===		===Tanzania===
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	Constitution		Constitution

	* 23 (9) The right to an order of habeas corpus shall be inviolable and shall not be suspended.		* � 23 (9) The right to an order of habeas corpus shall be inviolable and shall not be suspended.
	* 44 Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of the following rights and freedoms:		* � 44 Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of the following rights and freedoms:
	**(d) the right to an order of habeas corpus.		**(d) the right to an order of habeas corpus.

	===United States===		===United States===

	The right to collateral review by way of habeas corpus is guaranteed in Article 1 9 of the U.S. Constitution, "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it." Federal courts have statutory authority to hear habeas corpus claims under 28 U.S.C. 2241 to issue writs of habeas corpus to release prisoners held by any government entity within the country from custody in the following circumstances:		The right to collateral review by way of habeas corpus is guaranteed in Article 1 � 9 of the U.S. Constitution, "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it." Federal courts have statutory authority to hear habeas corpus claims under 28 U.S.C. � 2241 to issue writs of habeas corpus to release prisoners held by any government entity within the country from custody in the following circumstances:
	#He is in custody under or by color of the authority of the United States or is committed for trial before some court thereof; or		#He is in custody under or by color of the authority of the United States or is committed for trial before some court thereof; or
	#He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or		#He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or

Ibjadmin: /* Rights of the accused */

2010-06-08T20:26:26Z

Rights of the accused

@@ Line 124: / Line 124: @@
 # The AEDPA limited the power of federal judges to grant relief unless the state court's adjudication of the claim resulted in a decision that was (1) contrary to, or involved an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. It generally but not absolutely barred second or successive petitions, with several exceptions. Petitioners who had already filed a federal habeas petition were required first to secure authorization from the appropriate United States Court of Appeals, to ensure that such an exception was at least facially made out. These new requirements are complex in nature and are still being litigated throughout the United States.
-'''Table of Contents'''
+----
-===Rights/ Protections from Police===
+See [[Rights of the Accused]]

Ibjadmin: /* United States */

2010-06-01T14:47:56Z

United States

← Older revision		Revision as of 16:47, 1 June 2010
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	#It is necessary to bring him into court to testify or for trial.		#It is necessary to bring him into court to testify or for trial.

	The Antiterrorism and Effective Death Penalty Act of 1996 limited the use of the federal writ by imposing several requirements on the defendant:		The Antiterrorism and Effective Death Penalty Act of 1996 limited the use of the federal writ by imposing several requirements on the defendant.
	# The AEDPA limited habeas corpus actions by the creation of a one-year statute of limitations		# The AEDPA limited habeas corpus actions by the creation of a one-year statute of limitations
	# The AEDPA limited the power of federal judges to grant relief unless the state court's adjudication of the claim resulted in a decision that was (1) contrary to, or involved an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. It generally but not absolutely barred second or successive petitions, with several exceptions. Petitioners who had already filed a federal habeas petition were required first to secure authorization from the appropriate United States Court of Appeals, to ensure that such an exception was at least facially made out. These new requirements are complex in nature and are still being litigated throughout the United States.		# The AEDPA limited the power of federal judges to grant relief unless the state court's adjudication of the claim resulted in a decision that was (1) contrary to, or involved an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. It generally but not absolutely barred second or successive petitions, with several exceptions. Petitioners who had already filed a federal habeas petition were required first to secure authorization from the appropriate United States Court of Appeals, to ensure that such an exception was at least facially made out. These new requirements are complex in nature and are still being litigated throughout the United States.

Ibjadmin: /* United States */

2010-06-01T14:47:39Z

United States

← Older revision		Revision as of 16:47, 1 June 2010
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	#He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or		#He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or
	#He is in custody in violation of the Constitution or laws or treaties of the United States; or		#He is in custody in violation of the Constitution or laws or treaties of the United States; or
	#He, being a citizen of a foreign state and domiciled therein is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations; or		#He, being a citizen of a foreign state and domiciled therein is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, o exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations; or
	#It is necessary to bring him into court to testify or for trial.		#It is necessary to bring him into court to testify or for trial.

	The Antiterrorism and Effective Death Penalty Act of 1996 limited the use of the federal writ by imposing several requirements on the defendant:		The Antiterrorism and Effective Death Penalty Act of 1996 limited the use of the federal writ by imposing several requirements on the defendant:
	# a one-year statute of limitations		# The AEDPA limited habeas corpus actions by the creation of a one-year statute of limitations
	# ~~dramatic increase in~~ the federal ~~judiciary's deference~~ to ~~decisions previously made in~~ state court ~~proceedings either on direct appeal from~~ the ~~conviction and sentence~~, or in a ~~state court habeas corpus action and~~ the ~~associated second round~~ of ~~state appeal (both of which,~~ in the ~~usual case~~, ~~occur before~~ a federal habeas petition ~~is filed)~~.		# The AEDPA limited the power of federal judges to grant relief unless the state court's adjudication of the claim resulted in a decision that was (1) contrary to, or involved an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. It generally but not absolutely barred second or successive petitions, with several exceptions. Petitioners who had already filed a federal habeas petition were required first to secure authorization from the appropriate United States Court of Appeals, to ensure that such an exception was at least facially made out. These new requirements are complex in nature and are still being litigated throughout the United States.

	These new requirements are complex in nature and are still being litigated throughout the United States.

	== Rights of the accused ==		== Rights of the accused ==

Ibjadmin: /* United States */

2010-06-01T13:46:50Z

United States

← Older revision		Revision as of 15:46, 1 June 2010
Line 113:		Line 113:
	===United States===		===United States===


			#He is in custody under or by color of the authority of the United States or is committed for trial before some court thereof; or
			#He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or
			#He is in custody in violation of the Constitution or laws or treaties of the United States; or
			#He, being a citizen of a foreign state and domiciled therein is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection, or exemption claimed under the commission, order or sanction of any foreign state, or under color thereof, the validity and effect of which depend upon the law of nations; or
			#It is necessary to bring him into court to testify or for trial.

	The Antiterrorism and Effective Death Penalty Act of 1996 limited the use of the federal writ by imposing several requirements on the defendant:		The Antiterrorism and Effective Death Penalty Act of 1996 limited the use of the federal writ by imposing several requirements on the defendant:
	# a one-year statute of limitations		# a one-year statute of limitations
	# dramatic increase in the federal judiciary's deference to decisions previously made in state court proceedings either on direct appeal from the conviction and sentence, or in a state court habeas corpus action and the associated second round of state appeal (both of which, in the usual case, occur before a federal habeas petition is filed).		# dramatic increase in the federal judiciary's deference to decisions previously made in state court proceedings either on direct appeal from the conviction and sentence, or in a state court habeas corpus action and the associated second round of state appeal (both of which, in the usual case, occur before a federal habeas petition is filed).

			These new requirements are complex in nature and are still being litigated throughout the United States.

	== Rights of the accused ==		== Rights of the accused ==

Ibjadmin: /* Examples of the Right to Habeas Corpus */

2010-06-01T13:44:31Z

Examples of the Right to Habeas Corpus

← Older revision		Revision as of 15:44, 1 June 2010
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	* � 44 Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of the following rights and freedoms:		* � 44 Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of the following rights and freedoms:
	**(d) the right to an order of habeas corpus.		**(d) the right to an order of habeas corpus.

			===United States===



			The Antiterrorism and Effective Death Penalty Act of 1996 limited the use of the federal writ by imposing several requirements on the defendant:
			# a one-year statute of limitations
			# dramatic increase in the federal judiciary's deference to decisions previously made in state court proceedings either on direct appeal from the conviction and sentence, or in a state court habeas corpus action and the associated second round of state appeal (both of which, in the usual case, occur before a federal habeas petition is filed).

	== Rights of the accused ==		== Rights of the accused ==

Ddemetriou at 12:59, 1 June 2010

2010-06-01T12:59:43Z

← Older revision		Revision as of 14:59, 1 June 2010
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	'''Table of Contents'''		'''Table of Contents'''
			===Rights/ Protections from Police===
	== Rights/ Protections from Police ==
	* [[Arrest]]		* [[Arrest]]
	* [[Confessions]]		* [[Confessions]]
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	* [[Search and Seizure]]		* [[Search and Seizure]]

	== Rights during Detention ==		===Rights during Detention===
	* [[Freedom from Punishment]]		* [[Freedom from Punishment]]
	* [[Right to Counsel]]		* [[Right to Counsel]]
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	* Right to medical care		* Right to medical care

	== Rights at Trial ==		===Rights at Trial===
	* [[Double Jeopardy]]		* [[Double Jeopardy]]
	* [[Legality Principle]]		* [[Legality Principle]]
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	* Right to Trial by Jury		* Right to Trial by Jury

	== Sentencing ==		===Sentencing===
	* [[Death Sentence]]		* [[Death Sentence]]
	* [[Ex Post Facto Punishment]]		* [[Ex Post Facto Punishment]]
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	* Right Not to be Fined Excessively		* Right Not to be Fined Excessively

	== Rights in Prison ==		===Rights in Prison===

Agaiser at 11:22, 1 June 2010

2010-06-01T11:22:39Z

← Older revision		Revision as of 13:22, 1 June 2010
Line 115:		Line 115:
	'''Table of Contents'''		'''Table of Contents'''

	===Rights ~~with~~ Police ===		== Rights/ Protections from Police ==
	* [[Arrest]]		* [[Arrest]]
			* [[Confessions]]
			* [[Pretrial Identification]]
			* [[Right to Counsel]]
	* [[Right to Silence]]		* [[Right to Silence]]
	* [[Search and Seizure]]		* [[Search and Seizure]]
	* [[Right to Counsel]]
	* [[Confessions]]
	* [[Pretrial Identification]]

	===Rights at Detention===		== Rights during Detention ==
			* [[Freedom from Punishment]]
	* [[Right to Counsel]]		* [[Right to Counsel]]
	* [[Right to Habeas Corpus]]		* [[Right to Habeas Corpus]]
	* [[Right to be free of punishment]]
	* Right to medical care		* Right to medical care

	===Rights at Trial===		== Rights at Trial ==
	* [[~~Right to a Fair Trial~~]]		* [[Double Jeopardy]]
	* [[~~Right to Notice of Charges~~]]		* [[Legality Principle]]
	* ~~Right to Trial by Jury~~		* [[Presumption of Innocence]]
	* [[Right to Compulsory Process]]		* [[Right to Compulsory Process]]
	* [[Right to Confront Witnesses]]		* [[Right to Confront Witnesses]]
			* [[Right to Counsel (Trial)\| Right to Counsel]]
			* [[Right to Fair Trial]]
			* [[Right to Notice of Charges]]
	* [[Right to a Speedy Trial]]		* [[Right to a Speedy Trial]]
	* [[Right to ~~Counsel (~~Trial~~)\| Right to Counsel]]~~		* Right to Trial by Jury
	* [[Presumption of Innocence]]
	* [[Double Jeopardy]]

	~~===Sentencing===~~

	* Right to sentence free of torture		== Sentencing ==
	* [[Right to sentence without cruel or unusual punishment]]
	* [[Death Sentence]]		* [[Death Sentence]]
	* Right to fines that are not excessive
	* [[Ex Post Facto Punishment]]		* [[Ex Post Facto Punishment]]
			* [[Freedom from Cruel or Unusual Punishment]]
			* Freedom from Torture
	* [[Right to Appeal]]		* [[Right to Appeal]]
			* Right Not to be Fined Excessively

	===Rights in Prison===		== Rights in Prison ==

Ddemetriou at 07:51, 31 May 2010

2010-05-31T07:51:06Z

← Older revision		Revision as of 09:51, 31 May 2010
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	* � 44 Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of the following rights and freedoms:		* � 44 Notwithstanding anything in this Constitution, there shall be no derogation from the enjoyment of the following rights and freedoms:
	**(d) the right to an order of habeas corpus.		**(d) the right to an order of habeas corpus.

			== Rights of the accused ==

			'''Table of Contents'''

			===Rights with Police ===
			* [[Arrest]]
			* [[Right to Silence]]
			* [[Search and Seizure]]
			* [[Right to Counsel]]
			* [[Confessions]]
			* [[Pretrial Identification]]

			===Rights at Detention===
			* [[Right to Counsel]]
			* [[Right to Habeas Corpus]]
			* [[Right to be free of punishment]]
			* Right to medical care

			===Rights at Trial===
			* [[Right to a Fair Trial]]
			* [[Right to Notice of Charges]]
			* Right to Trial by Jury
			* [[Right to Compulsory Process]]
			* [[Right to Confront Witnesses]]
			* [[Right to a Speedy Trial]]
			* [[Right to Counsel (Trial)\| Right to Counsel]]
			* [[Presumption of Innocence]]
			* [[Double Jeopardy]]

			===Sentencing===

			* Right to sentence free of torture
			* [[Right to sentence without cruel or unusual punishment]]
			* [[Death Sentence]]
			* Right to fines that are not excessive
			* [[Ex Post Facto Punishment]]
			* [[Right to Appeal]]

			===Rights in Prison===