Реферат: Hurricane Essay Research Paper Hurricane by James

Habeas Corpus, which is Latin for “you have the body.” Prisoners often seek release by filing a petition for a writ of habeas corpus. It is a judicial mandate to a prison official, ordering that an inmate be brought before the court so it can be decided whether or not that person is imprisoned lawfully and whether or not he should be released from custody. A habeas corpus petition is filed with a court by a person who objects to his own or another’s detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error. Habeas corpus petitions are usually filed by persons serving prison sentences. In family law, a parent who has been denied custody of his child by a trial court may file a habeas corpus petition. Also, a party may file one if a judge declares him in contempt of court and jails or threatens to jail her (Habeas 1).

Lesra and the three Canadians spent nearly two years compiling enough evidence and witnesses to file the petition. By 1985, the Petition for Writ of Habeas Corpus was

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ready. Carter would have one last chance to see if Bello’s lies and suppressed polygraph evidence made a material difference to the outcome of the second trial.

On November 7, 1985, in U.S. District Court, Judge H. Lee Sarokin made his lengthy decision in favor of Carter and Artis. Judge Sarokin quoted extensively from the New Jersey Supreme Court dissenting opinion. He also made the point that, “Bello never identified Carter and Artis as the murderers.” Judge Sarokin was aware that the Third Circuit Court of Appeals and the U.S. Supreme Court could review his actions. He also knew that they may find that he abused his discretion, but he did what he believed was right. He awarded Carter immediate release from custody with prejudice, meaning he set Carter free and that the case was over forever.

The prosecutors filed an appeal with the Third Circuit Court of Appeals. They also asked that Carter be detained because he was a dangerous man, until the appeal was over. The court let Carter remain free, and unanimously ruled in favor of Carter. The court ruled that Bello’s testimony was invalid. They destroyed his credibility and decided that he was only of minor importance to the prosecutor’s case.

The State of New Jersey appealed the Third Circuit Court’s decision to the U.S. Supreme Court. The high court did not change the outcome. They upheld Judge Sarokin’s decision and the prosecutors finally gave up and did not seek a third trial. On February 19, 1988 the prosecutor filed a motion to dismiss the original indictments brought against Carter and Artis in 1966. After a 22-year process, all charges were dropped despite the fact that no appellate court had found him innocent.

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James S. Hirsch’s Hurricane raises several questions about the legal system, especially during the 1960’s when racism was prominent. It also shows that justice can be accomplished over time, even though an innocent man spent nearly twenty years in prison. He was a number-one contender when he was arrested in 1966, but who can say what could have taken place in his boxing careers in the years that followed. The major problem for the Hurricane is that he will never get those years of his life back, when they were unjustly taken from him.