...Government November 24, 2013 The Great Writ of Liberty Can you imagine what the United States would be like without the Writ of Habeas Corpus? Well, the “Bill of Rights” which is the first ten amendments in the United States Constitution would be stripped away and our nation would crumble. The Bill of Rights protects the American people and their civil liberties against the government who may infringe upon the rights of the people. In other words, the Bill of Rights limits the government’s power, and this is why our “Founding Fathers believed Habeas Corpus was so essential in preserving our liberty, justice, and democracy that they enshrined it in the very first article of the United States Constitution” (Center for Constitutional Rights, n.d., p. 1). In this paper, I will share the meaning and history of Habeas Corpus; provide examples from U.S. history of the suspension of Habeas Corpus and their applicability to the present; Analyze the importance of Habeas Corpus to the contemporary U.S. situation during the war on terror; discuss the U. S. Supreme Court’s interpretation of the right of Habeas Corpus with respect to enemy combatants or illegal combatants, and evaluate four perspectives on this topic expressed by the President, Congress, the Supreme Court, and share my own personal philosophy. What is Habeas Corpus? Habeas Corpus literally means “you should have the body” (Halliday, 2011, p. 1). It is a formal written order (writ), “directed by a judge to some...
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...Krystle Barrows Habeas Corpus Final Paper American National Government (GSI1326K) Instructor Kuffel July 29, 2013 Habeas Corpus is an important article written into the constitution of the United States and is considered be the “great writ of liberty”. It was not originally written for the constitution but was adopted by the framers from their original home in Great Britain. In my paper I will talk about the meaning and history of Habeas Corpus including how Habeas Corpus and our civil liberties are interpreted and treated in regards to our constitutional rights as well as when congress determines it is lawful to suspend. Habeas Corpus is a writ that was formed as Habeas Corpus Act of 1679 and is used to keep and individual from being unlawfully imprisoned. The earliest version of Habeas corpus appeared in British’s Magna Charta (a Latin phrase means “Great Charter”) in 1215. In the history of Habeas Corpus, in the United States, Presidents had used their war-time executive order power to suspend Habeas Corpus Act of 1679 and/or declared martial law in some of the cases researched. According to the article Habeas Corpus in the Columbia Electronic Encyclopedia 6th edition (2011)” the writ of habeas corpus is Latin for you should have the body”. There are two important factors that go along with its Latin meaning. First, a writ is a document in a courts name to a jailor for example, to act or not act in some way. This writ is an order by judge to see a prisoner in the...
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...Habeas Corpus Melvin Gresham 30 March 2013 American National Government A writ of Habeas Corpus as the book definition has it is that of a writ (legal action) that requires a person under arrest to be brought to a judge or into a court for a hearing to basically determine they are guilty of alleged crimes or not. It is a right given to every American so they can know that they are being treated fairly and that they are being given a fair trial. I am going to discuss in my paper how habeas corpus has been taken in some cases and how I can both agree and disagree with those reasons. Habeas corpus emerged in the middle ages in England as an instrument of royal prerogative. The King of England wanted to know why any of his subjects were being detained and if they were being detained for lawful reasons or not. It was a further attempt at formalizing and streamlining the legal process that emerged as the English monarchy was trying to wrest power away from feudal lords and barons. In 1679, the right was secured in the Habeas Corpus Act of 1679, which expanded it after several previous court cases that lessened its effect and availability (Halliday, 2010). The tradition as codified by this law travelled over the Atlantic and to the New World, where it became an integral part of American legal tradition as well. It was preserved both in Article One of the United States Constitution and in the Judiciary Act of 1789 (Wert, 2011). Habeas Corpus has been around for hundreds...
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...national security policy. We have since been at the forefront of advocating for sound, rights-respecting policy prescriptions based on broad public participation and informed discussion. Our staff engages in a spectrum of public education, legislative advocacy, litigation and scholarly activity. ABOUT THE AUTHOR Jonathan Hafetz is Litigation Director of the Liberty and National Security Project at the Brennan Center. He is actively involved in post-9/11 litigation involving detainee rights and other national security issues, and is lead counsel in several leading detention cases. An expert on habeas corpus, Mr. Hafetz has authored numerous scholarly and popular articles on the subject and frequently serves as an expert commentator. He is writing a book on post-9/11 detentions to be published by NYU Press. He can be contacted at: jonathan.hafetz@nyu.edu. © 2007 This paper is covered by the Creative Commons “Attribution-No . Derivs-NonCommercial”...
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...transaction. Tillman was questioned and would not give the name of the gunman, but, according to police, wrote the name “Treetop” on a piece of paper. That was the nickname of Charles Tomlin, a 26-year-old Bakersfield man with prior convictions for selling heroin and grand theft and who had had previous run-ins with the Bakersfield detective assigned to investigate Stewart’s murder. On 12/12/1978, police arranged a photographic line-up for Mendez and she picked out Tomlin’s photo. The following day she picked Tomlin out of a live line-up. Tillman was brought in and identified a photograph of Tomlin as the man he knew as “Treetop.” Tomlin was charged with first-degree murder. At the time, Tomlin was 6 feet tall, slim and his hair was shoulder-length, not an Afro. Tillman also was charged with murder. Neither the murder weapon nor the marijuana was ever found. None of the fingerprints on Stewart’s truck matched Tomlin. In 1979, Tomlin went on trial in Kern County Superior Court. On 03/05/1979, a jury convicted Tomlin of first-degree murder and two counts of robbery with a firearm. On 09/07/1979, he was sentenced to 25 years to life in prison. Tillman was later convicted and sentenced to prison. • Courts Denying Relief: The California Court of Appeals upheld the conviction in 1981. In June, 1986, Horn filed a petition for a state writ of habeas corpus and at a hearing that fall, Tomlin’s trial attorney admitted he provided inadequate legal assistance. Mendez testified that her identification...
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...Having grown up in the age of the internet, I have seen the news stories and videos of 9/11. It has made me wonder several questions such as “Why pick America, of all places, to attack?” or “What did we do to retaliate?” To this day we still aren’t sure of the actual reasoning behind it, but we still have theories. As for retaliation, the government sought out those who did this to our country. I first became interested in this topic this past semester for political science. In groups of two, we had to write a paper based on a topic that we could select. Before doing extensive research into the topic, more questions were forming in my mind. I wanted to know what our government did to seek out justice against those who participated in 9/11. Even though my partner and I collectively had to choose a side, I wasn’t quite sure what side I choosing. Then the research continued. I researched deeper in to the subject. With what little research I had done, I started into the paper. Enhanced interrogation techniques are what the conservatives call it. Liberals call it torture. The more important question is this: Does it work? Liberals say no, while the conservatives say yes. In the eyes of a conservative it might read something like this: We believe that enhanced interrogation techniques work and provide results faster than sting operations that could take years to complete. Enhanced interrogation techniques have been a crucial tool in the war against terror. Former chief of “clandestine”...
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...putting a criminal to death. However, these studies are more focused on total, not marginal, costs. The costs linked to life imprisonment trials are rarely provided. Therefore, there is no set standard to compare the economic costs of capital cases. In 1976, the United States Supreme Court reinstated the death penalty (Erb 2011). Since that time, research regarding the effects of capital punishment has been increasing as the amount of executions has slowly increased. In studies performed by criminal justice experts, state supreme courts, and state correctional authorities, decency, justice, benefits, and costs of the death penalty have all been examined. However, none of these studies have examined each of these aspects collectively. This paper seeks to examine all of these aspects as well as the economic and formal aspects of capital punishment. Possible Benefits of the Death Penalty Crime deterrence Supporters of capital punishment largely believe that the most substantial benefit is deterrence. It is believed that the potential consequence of receiving a death sentence will deter criminals. If the expected consequence (extensive incarceration or death) is large enough, potential criminals will refrain from committing crimes. If true, the economic benefit of the deterrence premise is the value of crime that was not committed. The benefit to society in this case is that overall protection costs may drop as crime rates decreases. Any deterred murders would improve the overall...
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...the church covenants, and Thirdly the influence of english precedent, these developed a habit of drawing up constitutional documents for purpose of placing limitations on the king or the government.(Hutchinsons,2) The general court later wrote a new constitution to replace the Royal Charters. The general Court agreed to a convention, Which purpose was only to write a constitution. After the writing of the constitution a Convention was then set up to allow the people of Massachussetts to overlook this set up a two part process, Framing and ratification by the people that the writers of Constitution followed. The preamble was revised up until the last days of the convention. Instead of listing the people of the states individually, The final wording encripted the American people as "WE." This showed us as American people Excersising their soverign power, as we proclaimed in the Declaration of Independence. "To institute a new Government" better designed to protect their essential rights and interests. Article I. Section I. " All legislative...
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...Article Rebuttal Unraveling the “Three Strikes law and making it unconstitutional is the primary focus of the Criminal Defense Clinic at Stanford Law School. Its founder Michael Romano States in his article “Striking Back: Using Death Penalty Cases to Fight Disproportionate Sentences Imposed Under California’s Three Strike Law” (2010), his clinic believes the “Three Strikes Law” is unconstitutional and unfair punishment. Our argument we will make the case stating he is using fallacies to strengthen his argument. In California there are no class systems for felonies. Whether or not the felony is violent or not violent, California imposes a harsh sentence. We will give an overview of what “The Three Strikes” law are, the “Death Penalty” and our rebuttal. California's Three Strikes Law "is a sentencing scheme that adds significant time to the prison sentences of certain repeat offenders convicted of serious or violent felonies." California Criminal Defense Lawyers,(2013). This law "three strikes law" also known as the Three Strike Law, was enacted in California in the 1990s to allow harsher punishments for those that committed felonies more than once and to provide for relief of the crimes themselves. A felony is defined "as a crime that has a greater punishment imposed by statute than that imposed on a misdemeanor" The Felony Law & Legal Definition (2013). Although a violent felony is defined as "a crime consisting of conduct that presents a serious risk of potential...
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...Constitution of the State of Illinois ARTICLE I BILL OF RIGHTS SECTION 1. INHERENT AND INALIENABLE RIGHTS All men are by nature free and independent and have certain inherent and inalienable rights among which are life, liberty and the pursuit of happiness. To secure these rights and the protection of property, governments are instituted among men, deriving their just powers from the consent of the governed. (Source: Illinois Constitution.) SECTION 2. DUE PROCESS AND EQUAL PROTECTION No person shall be deprived of life, liberty or property without due process of law nor be denied the equal protection of the laws. (Source: Illinois Constitution.) SECTION 3. RELIGIOUS FREEDOM The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed, and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the State. No person shall be required to attend or support any ministry or place of worship against his consent, nor shall any preference be given by law to any religious denomination or mode of worship. (Source: Illinois Constitution.) SECTION 4. FREEDOM OF SPEECH All persons may speak, write and publish freely, being ...
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...family comes to visit, and Sister Helen develops a relationship with his family. During this time, she also faces criticism from the community for supporting a murderer. In his final moments, Sister Helen tries to convince Matthew to tell the truth, because his eternal fate is at risk. Right before his death, Matthew Poncelet admits that he killed the young man and raped the young woman. While it is a heartbreaking and emotional scene for the two… Matthew Poncelet is soon put to death, and his last moments were spent looking at Sister Helen. The first issue here is the legal system. In order to understand what Matthew Poncelet went through, an intricate understanding of the legal system has to be applied. First, there must be an understanding that there are separate court systems for civil and criminal courts. Matthew was tried and found guilty in the criminal courts. The criminal courts are felony courts, they handle property and safety concerns. It is the government, acting as a plaintiff, suing an individual, acting as a defendant, over some broken law. In the case of criminal courts guilt must be proven beyond a reasonable doubt. The lowest court, and the first court that convicted Matthew, is the district court. When Matthew was helped to appeal by Sister Helen, he was filing writs of habeas corpus, certiorari, and in forma pauperis. Which all sum to mean, I’m innocent here and being held against my will, please examine my case again, and please forgive my debts because I...
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...The Death Penalty and its Ethical Permissibility Palestine Fox Kaplan University Abstract The death penalty has been used for centuries to punish criminals for heinous crimes, in spite of the fact that arguments concerning the death penalty, its concepts of retribution, deterrence and just punishments have been disagreed upon. The question at hand is whether or not the death penalty is permissible and if so under what circumstances, which has long been a heated debate for centuries. The ethical issues surrounding the death penalty include the morality of this form of punishment and whether or not it is morally right to deprive a human being of life. This paper will discuss the background of the death penalty, its permissibility under the law and how the death penalty would be viewed by the ethical philosophies and various religions. The Death Penalty and its Permissibility Introduction of the Death Penalty The death penalty or capital punishment is the practice of executing someone as a form of punishment for a heinous or specific crime following a proper legal trial. The death penalty is usually a punishment sentenced for serious types of murders, in some countries treason, types of fraud, adultery and rape, which are capital crimes (Capital Punishment, 2013). The death penalty was introduced as early as the Eighteenth Century B.C. in the Code of King Hammaurabi of Babylon, who codified the death penalty for 25 different crimes. In the Seventh Century B.C. Athens...
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...Federal Government Exam 1 Review: The first exam will consist of questions generated from the following review sheet. Make sure you understand each of these topics before proceeding to the test. The exam will be timed so you will not have the ability to peruse your notes or retake the exam. The exam itself will consist of 30 multiple choice questions and you will have 35 minutes to complete the exam. Federalism: The Basic elements of a Federal system of government (i.e. how is it structured/how power is shared) • Layers of gov • Equal power • Distinct powers Powers of the federal government: delegated powers, implied powers (necessary and proper clause), and concurrent powers. • Delegated Powers: (expressed/enumerated powers) powers given to the federal government directly by the constitution. Some most important delegated powers are: the authority to tax, regulated interstate commerce, authority to declare war, and grants the president role of commander and chief of the military • Implied Powers: Powers not expressed in the constitution, but that can be inferred. “Necessary and proper clause” • Concurrent powers: powers shared by both levels of government. Ex: Taxes, roads, elections, commerce, establishing courts and a judicial system • Reserved powers: powers not assigned by the constitution to the national government but left to the states or the people. Guaranteed by the 10th amendment. Include “police power”-health and public...
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...Criminal Legal Process Quiz 3 Question 1 of 20 5.0 Points If prosecutors decide to charge a person arrested by the police, they do so by: A. a. notifying by memo the judge who, if the case goes to trial, will probably preside. B. b. notifying by memo the lawyer representing the accused. C. c. filing a complaint, information, or indictment with the court. D. d. notifying the accused by letter. Answer Key: C Question 2 of 20 5.0 Points In the Supreme Court case County of Riverside v. McLaughlin, involving a defendant who argued the state took too long to effectuate a judicial determination of probable cause after his warrantless arrest, the Court held that the test for determining if there has been a "prompt" judicial determination of probable cause is whether the arrestee was brought before a judicial officer: A. a. without unreasonable delay, under all the circumstances. B. b. within 36 hours of arrest, ordinarily. C. c. within 48 hours of arrest, ordinarily. D. d. within 24 hours of arrest, ordinarily. Answer Key: C Question 3 of 20 5.0 Points Although practices vary among jurisdictions, ordinarily an indigent accused is appointed an attorney: A. a. by the police at time of arrest. B. b. by a magistrate at the first appearance. C. c. by a judge at the preliminary hearing. D. d. by a judge at trial. Answer Key: B Question 4 of 20 5.0 Points According to the Supreme Court opinion...
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...ADDRESS OF SUSAN B. ANTHONY [After her arrest on charges of voting illegally in the 1872 federal election, Susan B. Anthony undertook an exhaustive speaking tour of all twenty-nine of the towns and villages of Monroe county, and twenty-one towns Ontario county. The title for her lecture was "Is it a Crime for a Citizen of the United States to Vote?" Her speaking tour was effective enough in winning support for her position that the prosecution sought and obtained an order transferring her trial to the United States Circuit Court at Canandaigua, where it was believed fewer potential jurors would be prejudiced in her favor.] Is it a Crime for a Citizen of the United States to Vote? Friends and Fellow-citizens: I stand before you to-night, under indictment for the alleged crime of having voted at the last Presidential election, without having a lawful right to vote. It shall be my work this evening to prove to you that in thus voting, I not only committed no crime, but, instead, simply exercised my citizen's right, guaranteed to me and all United States citizens by the National Constitution, beyond the power of any State to deny. Our democratic-republican government is based on the idea of the natural right of every individual member thereof to a voice and a vote in making and executing the laws. We assert the province of government to be to secure the people in the enjoyment of their unalienable rights. We throw to the winds the old dogma that governments can give rights...
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