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Who Killed Habeas Corpus?
- Dissent
- University of Pennsylvania Press
- Volume 65, Number 1, Winter 2018
- pp. 97-105
- 10.1353/dss.2018.0008
- Article
- Additional Information
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ABSTRACT:
Habeas corpus was an effective remedy for individuals imprisoned as a result of a violation of their constitutional rights by a state court, and its destruction is perhaps the most tragic development of the modern legal era. Once known as the Great Writ of Liberty, habeas corpus has been so extensively diminished that it is no longer a protection against unlawful imprisonment but rather an empty procedure that enables and may actually encourage state courts to disregard constitutional rights.