Once the 1867 Habeas Corpus Act
(116) made inter-jurisdictional preclusion a live issue by establishing both jurisdiction and a cause of action, (117) the availability of federal relitigation became quite sensitive to the reliability of the F1 state procedure.
(138) Congress first addressed this evil through the Habeas Corpus Act
of 1867, which enabled federal post-conviction review of state prisoners.
Jeremy Bentham made a similar point with regard to the English experience: "As for the habeas corpus act
, better the statute book were rid of it.
As Lord Mansfield recognized, the English courts limited their habeas jurisdiction to sovereign territory, and they did so in compliance with the Habeas Corpus Act
Habeas Corpus Act
of 1679, additionally requiring "charges to be
The political goad for the Habeas Corpus Act
can perhaps be assigned to the high-handedness of King Charles II's henchman, Lord Clarendon, who had been impeached in 1667 for (among other charges) having "advised and procured divers of his majesty's subjects to be imprisoned against law in remote islands, garrisons, and other places, thereby to prevent them from the benefit of the law [of habeas corpus], and to produce precedents for the imprisoning of any other of his majesty's subjects in like manner." The act reached every individual "committed or detained ...
The Habeas Corpus Act
was passed the year following the drafting of the Fourteenth Amendment, which added to the Constitution the provision that no state shall "deprive any person of life, liberty, or property, without due process of the law." At the time the Fourteenth Amendment was ratified, and for some time after its ratification, few of the due process rights set forth in the Constitution's Bill of Rights had been held to apply to the states.
1079, 1097 (1995) (referring to the English Habeas Corpus Act
The Habeas Corpus Act
can only be suspended when there is a war or a terrorist threat.
But the Habeas Corpus Act
allowed a person convicted of a crime in state court to request a writ of habeas corpus from a federal court, based on a showing that the person's incarceration violated the U.S.
Later, in 1679, Parliament passed the Habeas Corpus Act
, which protects British subjects from being jailed indefinitely without charges or bail, imprisoned twice for the same offense, and forcibly transported to prisons outside the country.
In 1758, the House of Lords rejected a bill that would have both extended the procedural protections of the Habeas Corpus Act
of 1679 to noncriminal cases and allowed prisoners to controvert the truth of the facts stated in returns in noncriminal cases.(159) It was well established, however, that questions of law were reviewable on habeas.