Sample Criminal Justice Paper on Habeas Corpus

Sample Criminal Justice Paper on Habeas Corpus

Q1.      Habeas Corpus is a court order which directs the law enforcement officials who have custody of a person to appear in a court of law to question the legal grounds for their arrest and seeking their release. Section 1983 is a provision in the Civil Rights Act of 1871, which was enacted in conjunction with the Ku Klux Klan Act of 1871 primarily for the sake of fighting racial violence in the Southern states of the America after the end of Civil War (Gaines and Miller 89). While these are the most common suits filed by state prisoners, the key differences between habeas corpus and section 1983 is that section 1983 allows a petitioner to file their case directly in federal court seeking money damages while habeas corpus requires a petitioner to first file a suit in a state court before filing the same in the federal court and has no allowance claims for money damages (Gaines and Miller 67).

Q2. The case Ex Parte Hull is about the state’s inability to impair a petitioner to apply to a federal court for a right of habeas corpus. It is considered important because it highlights the unnecessary procedural requirements under habeas corpus.

Q3. There are four elements of a tort action including duty to perform legal duties, breach of duty which implies a party’s failure to honor part of the legal duty, causation which is the nexus between cause and effect, and injury which detains the damage sustained by the non-breaching party (Gaines and Miller 100).

Q4. Bivens v. Six Unknown Federal Narcotics Agents was about an implicit cause of action that was created for a person whose Fourth Amendment liberty was violated by agents from the Federal Bureau of Narcotics after conducting what was referred to as unreasonable search and seizure.

Works Cited

Gaines, Larry K. and Roger LeRoy Miller. Criminal Justice in Action: The Core. Boston: Cengage Learning, 2015.