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Habeas Corpus And Court-Martial Prisoners, James Snedeker

Vanderbilt Law Review

The origin of habeas corpus is lost in the mists of history. The leading idea, deliverance by summary legal process from illegal confinement, was present in the laws of countries in existence prior to the beginning of the English law and in other countries which derived none of their principles of jurisprudence or rules of procedure from English law. It was known to Roman law and to old Spanish law. It was recognized by the Magna Charta in 1215, although such recognition was probably not a primary purpose of the barons in forcing King John to sign that document. The …