The Habeas Corpus Law in the US

Along with this, with the issue being brought to public attention, the Guantánamo Bay system is coming under heavy criticism due to its lack of actual convictions. Despite this, President Trump has actually not only decided to keep the controversial prison open, but to continue sending more prisoners there as well. In actuality, this is only worsening the problem, as the current cases have all ground to a halt, all lasting much longer than anticipated. For example, the Nashiri case, which started in 2011, as well as cases for those accused with plotting the September 11 attacks, are all still being drawn out. On top of this, the judge, Colonel Vance Spath, of the case says that there will not be a jury for the hearing until December. To try to alleviate some of these problems, Secretary of Defense Jim Mattis has replaced both the top official supervising the cases, Harvey Rishikof, along with his chief of staff in the hopes that the new leadership will speed things along (Philipps, par.

Mentioned in the Fifth and Fourteenth Amendments of our constitution, the Due Process Clause states “individuals cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards.” Due process itself can be classified into two main types; substantive and procedural. Procedural due process deals with equal and fair protection of individuals under the law, while substantive due process deals with government regulation of personal freedoms and liberties. Due to the controversial nature of substantive due process, it has found its way into many sensitive cases, such as abortion and gay marriage. Often times in such cases, "liberty", such as the liberty to have an abortion, is cited as the main protection enabled by the Due Process Clause. Critics argue that such freedoms are not guaranteed by the constitution or the Fifth or Fourteenth amendments, but I disagree. The liberties given by the Due Process Clause are broad, but constitutionally applicable to a range of social differences and conflicts faced by our country today.

1. The general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties.

Cuba, only 400 miles from Miami Fl, is an island in the Caribbean and is renowned for its excellent climate. There are beaches for swimming, scuba diving, snorkeling, fishing, and boating opportunities. The island has it’s dark secrets as well, there is Guantanamo Bay, a prison nearby, where the detainee’s right are stripped away and they are beaten daily. Closing Guantanamo Bay has been a big debate over the past few years. President Although what they are doing is technically legal, it is still unconstitutional on U.S. soil. Obama promised us that during his term he would close it. Obama has said that "Keeping this facility open is contrary to our values. It undermines our standing in the world. It is viewed as a stain on our broader record of upholding the highest standards of rule of law." Guantanamo Bay is an embarrassment to our country and has been since it opened. The camp was repeatedly criticized by human rights and humanitarian organizations all around—including Amnesty international, Human Rights Watch, and the International committee of the Red Cross—as well as by the European Union and the Organization of American States(OAS), for alleged human rights violations, including the use of various forms of torture during interrogations. We need to close Guantanamo Bay because it costs a lot of money to keep it open, it is unconstitutional, and we can contain the prisoners in the U.S.

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

In the case of the District of Columbia v. Heller (2008) a 5-4 decision in the Supreme Court ruled that the Second Amendment was placed to protect a humans right to own a firearm. The firearm would be used for any self defense reasons for example, if ones from was invaded. Washington D.C was unable to address whether or not the Second Amendment protections are included by something known as the Due Process Clause of the Fourteenth Amendment against the states. The Due Process Clause helps protect individuals from being excluded from life, liberty and property. It also allows citizens to have privileges and not have certains once taken away from them. This was soon taken up by the case McDonald v. City of Chicago (2010). This was the case to tackle whether the Second Amendment was actually established to have an individual bare arms for self defense.

There are many questions people ask and that is whether the Military Commissions Act’s habeas

On March 1963 a 22-year-old man by the name of Ernesto Miranda was arrested in Phoenix, Az for kidnapping and raping an eighteen year old girl. At anytime from being interrogated was Miranda read his rights, and he confessed his crime. In the event that he had signed a confession paper that claimed that Miranda had been read his rights which was not true. The 5th amendment states, “... to the United States Constitution is part of the Bill of Rights and protects a person against being compelled to be a witness against himself in a criminal case”(Wikipedia). This illustrates how we the people are protected by the constitution, and have the right to not speak until an attorney is present. The Miranda v Arizona definitely ensures justice

On U.S. territory and the government argues that they therefore have neither constitutional rights nor the rights guaranteed under the Geneva Convention, the international treaty governing detention during wartime. Basic principles like due process,

The United States military base in Guantanamo Bay, Cuba, has been occupied by over 700 Middle Eastern men suspected of terrorism since 2002. It has been home to some of the most heinous suspected terrorist to ever walk on this Earth. What to do with this military base, has been a major source of conflict within our nation and with other nations for over a decade, with no real reasoning substantial enough to close the base. Although our government has come forward and declared that interrogation methods used on some of the detainees has been unethical and has broken some United States laws. But closing Guantanamo Bay is a task that should not be pursued, because it causes more problems to our countries people, our diplomatic and

(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

(Linkugel & Ware, 1973) He does not deny his decision, as the swapping of prisoners came to use in 2011 in an attempt to negotiate an end to the Afghanistan war. President Obama simply states that “Americas Armed Forces has a pretty sacred rule.... We don't leave our men or women in uniform behind.” (Cohen, Acosta, & Carter, 2014) According to the 2014 Defense Authorization Act, the President must give Congress a 30 day notice of his decisions to release, trade, and exchange captives. Several members of the Armed Forces Committee brought to the table the fact that he misused his power as president by failing to follow the outlines of this Act. President uses denial to dissuade the question of any illegal activity, only casually mentioning the fact that Administration representatives said Tuesday that they construed the law to allow a Guantanamo transference without notice if the notice would "endanger the soldier's

The Bush administration had many good reasons for opening Guantanamo, but Obama recognizes that it is an overall detriment to America.

In the United States, one of the major methods in obtaining crucial information has been through the use of Guantanamo Bay. While many have condemned of the torture that is believed to occur there, not only does Guantanamo Bay comply with national and international standards, but it also complies with Common Article 3 of the Geneva Conventions (Meese 1) which states

Guantanamo Bay, Cuba is originally a naval base that was once used to house detention facilities for Haitian and Cuban refugees fleeing to the United States. It was also used as a refueling station for Navy ships. It was then converted into a high level detention facility to house enemy troops captured in the War on Terror campaign by Secretary of Defense, Donald Rumsfield. It has three main camps that house the prisoners. These prisoners of war were later referred to as enemy combatants. They were excluded from the prisoner of war statutes of the Geneva Convention because of their involvement in a foreign terrorist organization and therefore earning themselves the title of terrorists. The Guantanamo Bay Detention Center served as the perfect location to send these terrorists. It allowed the United States to strip them of any due process or protection that is provided by US law. Due to its location, being in foreign territory they are only subjected to military law. They are close enough for them to be monitored without interference of intentional agencies or international oversight. Furthermore, the US Government is holding these men without due process because they are deemed too dangerous to be released into the public because of their associations with terrorist organizations and possession of valuable information relating to National Security such as location of key members of a terrorist groups, whereabouts. However, the United States cannot release those