Redefining Rockel

You know I never discuss female thermodynamics - Lou; Rescue Me

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The WORD of the Week

Matthew 3:7-10

But when he saw many of the Pharisees and Sadducees coming to where he was baptizing, he said to them: "You brood of vipers! Who warned you to flee from the coming wrath?

Produce fruit in keeping with repentance.

And do not think you can say to yourselves, 'We have Abraham as our father.' I tell you that out of these stones God can raise up children for Abraham.

The ax is already at the root of the trees, and every tree that does not produce good fruit will be cut down and thrown into the fire.

Stupid Fact of the Week

There was only one civilian casualty during the three-day Battle of Gettysburg

28 September, 2006

Habeas corpus ad subjiciendum

Known as the "Great Writ", the writ of habeas corpus ad subjiciendum is a legal proceeding in which an individual held in custody can challenge the propriety of that custody under the law. The prisoner, or some other person on his behalf (for example, where the prisoner is being held incommunicado), may petition the court or an individual judge for a writ of habeas corpus.

Although the form of the writ of habeas corpus implies that the prisoner is brought to the court in order for the legality of the imprisonment to be examined, modern practice is to have a hearing with both parties present on whether the writ should issue, rather than issuing the writ immediately and waiting for the return of the writ by the addressee before the legality of the detention is examined. The prisoner can then be released or *bailed* by order of the court without having to be produced before it.

The right of habeas corpus—or rather, the right to petition for the writ—has long been celebrated as the most efficient safeguard of the liberty of the subject. Dicey wrote that the Habeas Corpus Acts "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty". In most countries, however, the procedure of habeas corpus can be suspended in time of national emergency. In most civil law jurisdictions, comparable provisions exist, but they are generally not called "habeas corpus"

posted by Rockel @ 8:46 PM

1 Comments:

At 29/9/06 6:09 AM, Andronicus said…

In the Doc Savage books, Monk had a pet pig named Habeas Corpus. This kind of backfired when they dsicovered a long lost Roman city with Romans still living there. He told them the name of the pig and they tried to eat it because habeas corpus means "seize the body."

Those wacky Romans!

That stuff about a lot of countries throw it out the window during a national emergency is interesting and understandable. Likewise, when you go to war, I can't see it applying to POWs. Does it? Is it in the Geneva Convention?

Should/does it apply to illegal immigrants tried in our courts? Military courts? Enemy combatants (different than POWs)?

Is habeas corpus mentioned in the US Constitution? Or is it elsewheres?

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Lyrics of the Week

ON THE NICKEL
by Tom Waits

("I'd like to do a new song here. This is eh, it's about downtown Los Angeles on 5th Street. And eh all the winos affectionately refer to it as The Nickel. So this is kind of a hobo's lullaby.")

sticks and stones will break my bones,
but i always will be true, and when
your mama is dead and gone,
i'll sing this lullabye just for you,
and what becomes of all the little boys,
who never comb their hair,
well they're lined up all around the block,
on the nickel over there.

so you better bring a bucket,
there is a hole in the pail,
and if you don't get my letter,
then you'll know that i'm in jail,
and what becomes of all the little boys,
who never say their prayers,
well they're sleepin' like a baby,
on the nickel over there.

and if you chew tobacco, and wish upon a star,
well you'll find out where the scarecrows sit,
just like punchlines between the cars,
and i know a place where a royal flush,
can never beat a pair, and even thomas jefferson,
is on the nickel over there.

so ring around the rosie, you're sleepin' in the rain,
and you're always late for supper,
and man you let me down again,
i thought i heard a mockingbird, roosevelt knows where,
you can skip the light, with grady tuck,
on the nickel over there.

so what becomes of all the little boys,
who run away from home,
well the world just keeps gettin' bigger,
once you get out on your own,
so here's to all the little boys,
the sandman takes you where,
you'll be sleepin' with a pillowman,
on the nickel over there.

so let's climb up through that button hole,
and we'll fall right up the stairs,
and i'll show you where the short dogs grow,
on the nickel over there.