Case Studies of Unlawful Arrest of US Citizens Without Charges or Trial: Hamdi vs. Rumsfeld and Padilla vs. Rumsfeld

2031 Words Jan 28th, 2018 8 Pages
Rumsfeld and Padilla v. Rumsfeld concern the unlawful arrest of U.S. citizen without charges or trial. In addition, the decision of both the lower court and the Supreme is determining whether such arrests by military officials violates due process of law, infringes the doctrine mandating the supremacy of civilian authority over the military and defies a congressional ratification ruling out the detention of U.S. citizens unless authorized by Congress. This paper shall discus the cases Padilla v. Rumsfeld (pages 325-331 in the Darmer text) and Hamdi v. Rumsfeld (pages 333-366 in the Darmer text). The first section provides the summary of the facts and main issues of each case. The second section presents the holdings and the reasoning of both the lower court and the U.S. Supreme court. The final section evaluates the decisions in the cases and their effect on the criminal justice system and individuals' civil rights.
Hamdi v. Rumsfeld
Summary of Facts and Issues
The Government arrested Hamdi in Afghanistan, when his military unit gave up in late 2001.The government alleges that Hamdi was a close associate with Taliban and Al Qaeda. After incarceration with other captives in Guantanamo Bay, the military later learned that, Hamdi was born in Louisiana, Making him a United States citizen. However, he had grown in Middle East. The court granted him counsel on February 4, 2004, though Hamdi alleges that the court denied him the opportunity…

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