Habeas Corpus And The War On Terror

Throughout American history, the writ of habeas Corpus has been the basis of the legal system of the United States, meant to preserve civil freedoms. Habeas corpus established a constitutional check on any dictatorial power that tried to present itself. It allowed any individual that was arrested to stand in front of the court to challenge whether they were being imprisoned according to the law of the land, ensuring their civil liberties weren 't threatened; however, only in times when the stability of a country was threatened could it be temporarily suspended. President Lincoln came into office in 1861 and by the

Sometimes it is far easier to do what is best for oneself rather than what is best for the group. This decision is usually motivated by fear. Fear is generally a destructive force in society, allowing the strong to take advantage of the weak.

6. Pretrial detainees are "walking legal contradictions" because “According to the U.S. Constitution, they are innocent until proven guilty. At the same time, by being incarcerated while awaiting trial, they are denied a number of personal freedoms and are subjected to the poor conditions of manu jails” (Gaines

The Writ of Habeas Corpus states that “the Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion, the public safety may require it" (U.S. Constitution. Art. I, Sec. 9). In simpler terms, this means that the government, or its officials, is forbidden to arrest a citizen without allowing the case to be presented to a judge or court. The dictionary defines a writ as "a form of written command in the name of a court or other legal authority." Since the signing of the Magna Carta in 1215, Habeas Corpus has been a pillar of law in America ("FAQs: What Is Habeas Corpus."). It

Under Article 1, section 9 of the constitution ‘the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion, the public safety may require it.’ Habeas Corpus is the name of a legal action, or writ, through which a person can seek relief from unlawful detention of themselves or another person. Although many people may state that the bombing of Pearl

Blackstone said that the writ of habeas corpus is the most celebrated and venerated of the English law. The US constitution therefore carried this important aspect and thus federal courts were authorized to issue writs of habeas corpus in all cases where a person may be restrained of his or her liberty in violation of the constitution, or any treaty or law of the United States. Chemerinsky (1987) in a detailed study of the operation of the writ of Habeas Corpus says that there are four major considerations in the issue related to the writ. There is the need to consider the separation of powers--the operation of the criminal justice system, the national litigations involved, and the scope of federalism. All these are affected by the changes in the abrogation of the fundamental right, and rule of law. (Chemerinsky, 1987)

27. Habeas Corpus is the right for an individual not to be held in jail for more than 48 hours w/o a formal charge. Lincoln suspended this right during the war to lock up people who

“The Warren Court’s decision to expand federal habeas corpus helped fuel the criminal justice revolution of the 1960’s” (Stephens & Scheb II 2012,2008,2003). Habeas corpus is Latin for “you have the body” and the writ of habeas corpus is a “judicial order issued to an official holding someone in custody, requiring the official to bring the prisoner to court for the purpose of allowing the court to determine whether that person is being held legally” (Stephens & Scheb II 2012,2008,2003). For example in the case of Fay v. Noia (1963) a prisoner appealed to a federal district

A case concerning executive actions that suppress civil liberties. President Lincoln gave his military commanders powers to arrest civilians suspected in engaging in traitorous activates and ordered them to be tried in military courts. But, in location where there were not hostilities occurring, the army had no legal authority to arrest these individuals. Additionally, before civilians could be tried in military courts, martial law had to be declared and habeas corpus had to be suspended. Article I Section 9 allowed the for the suspension of habeas corpus only in cases of rebellion or invasion for public safety purposes by the legislature. Lambdin Milligan was an attorney in Indiana who was sympathetic towards the

POL 201 Week 5 Final Paper Civil Liberties, Habeas Corpus, and the War on Terror

Wainwright case was when a man, Clarence Earl Gideon was convicted of felony in Florida state court: broke through and illegally went into a poolroom with the objective to commit a misdemeanour offence. He went to court without a lawyer and requested that the court appoint him one. However, Florida state law states that an attorney may only be appointed to a low in poverty defendant in capital cases, as a result the trial court didn’t appoint. Now, he had to represent himself in trial. He was sentenced to five years in prison after confirmed guilty for felony. In the Florida Supreme Court Gideon filed a habeas corpus petition that argued that the trial court’s decision contravened his rights to be represented by counsel. In response to this action, habeas corpus relief has been denied by the Florida Supreme

Specify the reasons for preventative detention, and describe the forms of release from jail pending trial.

Clarence Earl Gideon was charged with a felonious crime of breaking and entering in the State of Florida. Upon his bench trial, Gideon requested a court appointed attorney. The bench trial judge denied Gideon’s request stating that under Florida’s law the provision of a court appointed attorney is limited to capital crime offenders. Gideon progressed to a jury trial and acted as his own counsel. He delivered his opening and closing arguments, as well as questioned witnesses. The jury found the defendant guilty and sentenced Gideon to five years in the state prison. While in state prison, Gideon filed a petition for habeas corpus contesting his guilty verdict. Gideon’s claim was based on the fact that the Court denied him his constitutional right to an attorney. The Florida State Supreme Court denied Gideon’s release. The United States Supreme Court was familiar with this issue because of a prior case, Betts v. Brady (1942), so The SCOTUS allowed a writ certiorari and Gideon’s case was reviewed again. The SCOTUS found that Gideon had been denied his constitutional right to a court appointed attorney and reserved his verdict.

On September 15, 1863 President Abraham Lincoln temporarily suspended Habeas Corpus, which is the right to due process. Anyone who was a confederate sympathiser or spoke out against the war were arrested, put in jail and weren 't given a trial until after the war was over. Lincoln suspended Habeas Corpus because he wanted to suppress dissenters to strengthen the War effort. More than 13,000 civilians in the Union were arrested under martial law throughout the War. Lincoln viewed his action as justified since he believed the country was in a time of crisis.

(many argue that if he has the authority to detain then perhaps he has authority to set up military commission as commander and chief) The laws of war state that if you violate the laws of war you can also be tried by a military commission during hostilities). Furthermore, the Ex parte Milligan case the court held that Habeas corpus although is a writ that is used to bring U.S. Citizen in state court into federal court for a criminally convicted. According to the courts holding Habeas corpus, Congress may authorize the executive to suspend the writ of habeas corpus when public safety requires it. Additionally, Milligan was a U.S. citizen not associated with the enemy forces, he was in the United States he was not outside the war zone and