...The Writ of Habeas Corpus Research Paper and Essay Charlie Potter American Government June 2, 2009 Mr. Potter PART 1 - HABEAS CORPUS RESEARCH PAPER “By this action we should call him King Lincoln I.” - Anti-war Democrats, 1863 INTRODUCTION English in origin, the concept of habeas corpus literally means “that you have the body,” meaning that the court can force the police to produce a prisoner before them for review of their case. While complex in its use, a writ of habeas corpus forms the foundation for the rights of the accused since it allows one branch of the government (the courts) to check and balance the actions of another (the police) in criminal proceedings. And yet, while habeas corpus has been maintained as a fundamental right of the imprisoned, this protection has been tampered with in our history, making habeas corpus sometimes a casualty of our desire for security during times of crisis. Constitutional Principles Several constitutional principal are expressed through habeas corpus, the foremost being checks and balances and that the accused are afforded due process. The framers of the Constitution knew that governments become abusive of the rights of citizens when there is no power to check that abuse and when the treatment of the accused is arbitrary. The use of habeas corpus is in fact one of the few constitutional rights enshrined in the main body of the Constitution instead of the amendments, and is established...
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...has laws to follow before a person can be determined innocent or guilty if either aren’t proven the detainee must be let free. This paper is going to attempt to analyze the historical evolution of Habeas Corpus; give examples from history of the suspension of Habeas Corpus, as well as analyzing it relevance. Habeas Corpus derived from English common law and first appeared in the Magna Carta of 1215 and is the oldest human right in history. Habeas Corpus translated means “you should have the body” habeas corpus is a legal action, or writ, by which those imprisoned unlawfully can seek relief from their imprisonment” (N.A, Habeas Corpus-The Rutherford Institute, 2015). Habeas Corpus was extremely important to the Framers of the Constitution from their personal experiences. When one was capture they were considered either an enemy combatant, imprisoned indefinitely and denied the opportunity to have a fair trial. It became increasing to the founders to protect the American people from such atrocities. March 4, 1801 President Jefferson in his first inaugural addressed the necessity of habeas corpus. President Jefferson belief was found the “freedom of person under the protection of the Habeas Corpus; and trial by juries impartially selected” (N.A, Habeas Corpus-The Rutherford Institute, 2015). There have been only two cases where habeas corpus was suspended in history. In the case of Ex Parte Merryman Lincoln declared martial law on Maryland because of John Merryman whom was...
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...The Writ of Habeas Corpus Research Paper and Essay Charlie Potter American Government June 2, 2009 Mr. Potter PART 1 - HABEAS CORPUS RESEARCH PAPER “By this action we should call him King Lincoln I.” - Anti-war Democrats, 1863 INTRODUCTION English in origin, the concept of habeas corpus literally means “that you have the body,” meaning that the court can force the police to produce a prisoner before them for review of their case. While complex in its use, a writ of habeas corpus forms the foundation for the rights of the accused since it allows one branch of the government (the courts) to check and balance the actions of another (the police) in criminal proceedings. And yet, while habeas corpus has been maintained as a fundamental right of the imprisoned, this protection has been tampered with in our history, making habeas corpus sometimes a casualty of our desire for security during times of crisis. Constitutional Principles Several constitutional principal are expressed through habeas corpus, the foremost being checks and balances and that the accused are afforded due process. The framers of the Constitution knew that governments become abusive of the rights of citizens when there is no power to check that abuse and when the treatment of the accused is arbitrary. The use of habeas corpus is in fact one of the few constitutional rights enshrined in the main body of the Constitution...
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...Civil Liberties, Habeas Corpus, and the War on Terror POL201: American National Government Instructor: Civil Liberties, Habeas Corpus, and the War on Terror This paper will talk about the right of habeas corpus in the context of the war on terror. I will explain the historical evolution of habeas corpus as well as explain of its evolution within the American tradition and will include the general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties. I will provide examples from U.S. history of the suspension of habeas corpus and their applicability to the present. Analyze the relevance of habeas corpus to the contemporary U.S. situation during the war on terror, especially with respect to persons characterized by as enemy combatants or illegal combatants. I will be evaluating a minimum of four perspectives on this topic expressed by justices of the Supreme Court, leaders in other branches of government, and commentators in both the academic and popular media; 1.)The role of the President as Commander-in-Chief, 2.) The role of Congress in determining when habeas corpus can be suspended, 3.) The role of the Supreme Court in protecting civil liberties, including the judicial philosophy which should guide the Court in this role, and 4.) The last topic will include my evaluation and personal philosophy, values or ideology about the balance between civil liberties and national security in the context...
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...Civil Liberties, Habeas Corpus, and the War on Terror POL 201: American National Civil Liberties, Habeas Corpus, and the War on Terror Habeas Corpus is a term unlikely known to many detainees in Guantanamo Bay. The war on terror has gone from protecting our country from terrorist, to slowly but surely doing onto these detainees what other tyrants were doing before us. Habeas Corpus is a law that was placed in the constitution in order for guarantee that no one would be held prisoner without a trial. According to the constitution the writ to Habeas Corpus is implemented to prevent tyranny and false imprisonments. In the length that our nation has been around there has only been three instances in which the habeas corpus writ was suspended. The first was after the civil war (during the reconstruction) and most recently during the War on Terror. The War on Terror has brought the Habeas Corpus writ into different perspective when it was approved that the writ be suspended for prisoners in Guantanamo Bay (GITMO). The Bush administration went under severe scrutiny after choosing GITMO as a detention center for “enemy combatants/illegal combatants” and suspending the Habeas Corpus writ to them. There had been no legal aid provided so that the detainees could attempt to prove innocence. In the over zealous need to prevent further terrorist attacks in a way we condoned terrorist like ideals. In 2008, the verdict in Boumediene v. Bush the Supreme Court ruled against the Bush administration...
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...The Jurisdiction of Rights Allotted to Prisoner of War Shane Smith Abstract The jurisdiction and control of prisoners of war have historically been left solely to the military forces that held them captive; the application of rights and treatment being guided and controlled by various treaties and conventions signed by governments. This straightforward, conventional process was, and is, undisputable and logical in its application when it is applied in a conventional ‘civilized’ war; there is room for improvement, but it works. On the contrary, when fighting an unconventional war, with non-state sponsored combatants, the policies need to be reassessed. The Jurisdiction of Rights Allotted to Prisoner of War Our history shows a pattern of war making that is clearly defined, easy to follow, and reasonably undisputable: declaration of war, combat, surrender, treaties and or rebuilding. During the combat phase enemy combatant prisoners are taken, either by force or surrender, and both sides can agree that this is a better alternative to killing. With the exception of prisoner exchanges, these prisoners are held until the conflict is completed. At that time the general prisoners are released and those accused of war crimes are tried. Note that this is not policy, just a general pattern, but it works for a conventional war, a war where the losing side surrenders and both sides announce a cease fire. The problems arise when fighting an unconventional war, such as...
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...TITLE: FALSE IMPRISONMENT AS A TORT AND ITS REMEDIES BY: HARI PRIYA NALSAR UNIVERSITY OF LAW, SHAMIRPET, R.R. District, HYDERABAD-500 078. HARI PRIYA NALSAR TABLE OF CONTENTS TABLE OF CASES: ............................................................................ 2 Chapter 1: INTRODUCTION.............................................................. 3 1.1 RESEARCH METHODOLOGY ............................................. 3 1.2 RESEARCH PLAN .................................................................. 3 1.3 AIMS AND OBJECTIVES OF THE PROJECT ..................... 4 Chapter 2: PREAMBLE ...................................................................... 5 1.1 WHAT IS FALSE IMPRISONMENT ..................................... 5 1.2 WHO IS LIABLE FOR FALSE IMPRISONMENT ............... 8 Chapter 2: FALSE IMPRISONMENT AS A TORT ........................... 9 Chapter 3: INGREDIENTS OF TORT OF FALSE IMPRISONMENT ............................................................................. 15 Chapter 4: REMEDIES ..................................................................... 17 Chapter 5: CONCLUSION ............................................................... 20 Chapter 6: BIBLIOGRAPHY ........................................................... 22 1 haripriya91@gmail.com HARI PRIYA NALSAR TABLE OF CASES: A. K. Gopalan v. State of Madras .................................................................... 10 Altken vs Badwell (1827) Mood &...
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...law, nor shall any person be | |pangangalaga ng batas. |denied the equal protection of the laws. | |SEKSYON 2. Ang karapatan ng mga taong-bayan na | | |magkaroon ng kapanatagan sa kanilang sarili, pamamahay,| | |papeles, at mga bagay-bagay laban sa hindi makatwirang | | |paghahalughog at pagsamsam sa ano mang layunin ay hindi| | |dapat labagin, at hindi dapat maglagda ng warrant sa |Section 2. The right of the people to be | |paghalughog o warrant sa pagdakip maliban kung may |secure in their persons, houses, papers, and | |malinaw na dahilan na personal na pagpapasyahan ng |effects against unreasonable searches and | |hukom matapos masiyasat ang mayhabla at ang mga |seizures of whatever nature and for any | |testigong maihaharap niya sa ilalim ng panunumpa o...
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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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...murder trial where life imprisonment is the maximum sentence and the costs related to the capital punishment trial process must be examined. Over the years, studies have assigned a monetary value of 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...
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...above quote suggests that judicial review in Australia is not based on any general principles which are capable of guiding judicial decision making or of being used to impose a coherent vision of the role of judicial review on the cases. Do you agree? Analyse the law relating to standing and access to the courts plus one of the following areas of law in order to demonstrate the extent to which the above quote is correct. Topics: Jurisdictional Error Words: ________ Introduction I agree with McMillan that “Administrative law doctrine is an accumulation – a wilderness almost – of single instances, most cases turning ultimately on fine and often unique points of statutory interpretation or factual analysis” . This paper will discuss in relation to standing, access to the courts and jurisdictional error by showing the differences in the Common Law and the Administrative Decisions (Judicial Review) Act 1977 to demonstrate that the quote is correct. I strongly agree as mentioned, the quote proposes that there is no general principle for decision makers to pursue in their decision making process in relation to judicial review. Further there is no clear perception for decision makers to enforce any general principles in cases to ensure consistency. There is an accumulation of single instances, statutory interpretation and factual analysis . Judicial Review in Australia consists of two systems the Common Law and Administrative Decisions (Judicial Review) Act...
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...Impact of Death Row on the Correction System Name Task Date Abstract When an individual is found guilty of a criminal offense and consequently sentenced to death, the individual is held in death row pending any habeas corpus or appeals, and if these fail, until the convict is convicted. Those opposed to capital punishment have contended that the isolation of a convict and the uneasiness over his or her destiny constitutes a kind of mental depravity and that long-term death row convicts are particularly prone to become mentally unstable. This condition is commonly known as death row phenomenon. In severe cases, some convicts may try committing suicide. Issues relating to the administration of capital punishment are vast and varied. Often, talk about the use of death penalty concentrates more on sentimental arguments pertaining to the moral issue emanating from the administration of death penalty. This paper attempts to study the issues that surround capital punishment by making use of the system analysis approach. It shall endeavor to explore the dehumanizing effects brought about by the recommencement of capital punishment. While there are no clear-cut answers regarding the matter of capital punishment and death sentence, this paper will attempt to shed more light on the normally intricate social issue. Impact of Death Row on the Correction System In June 1972 in a case concerning Furman v. Georgia brought before the U.S. Supreme Court, the court submitted...
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...The content of the following paper explores the almost unheard case of the Cuban Five. Five males from Cuba were given unfair jail sentences after being accused of espionage and terrorism. Under false allegations and pretenses, Gerardo Hernández, Ramón Labañino, Antonio Guerrero, Fernando González, and Rene González have been part of a long trial with minimal media coverage. The five aimed to seize the plans of anti-Cuban terrorist organizations, many of which are based in Miami, Florida. The trial lasted over six months, and became the longest trial in United States history. More than 119 volumes of testimony and over 20,000 pages of documents were collected and even with the testimony of three retired US Army generals and a retired admiral, who stated that no evidence of espionage existed, they were still sentenced. A statement by Fernando González Llort (2001) clearly states the Cuban-American National Fund (CANF) appears to be the primary foundation of such terrorist organizations, involving and gaining support from various American leaders. The acts of the Cuban Five would expose the wrong-doings of many American key figures and for such a reason; the heroes were made out to be the criminals. González Llort also states the only thing he and his fellow companions are guilty of is reporting, or more so warning, in the most docile manner, possible threats to Cuba by terrorists in the United States. Plastered all over the media in the year 1999, was a unique custody battle...
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...Gideon’s Trumpet, by: Anthony Lewis Clarence Earl Gideon was born on August 30, 1910 in Missouri. Gideon lost his father when he was three years old. His home life was non existent as he ran away from home when he finished eighth grade and started living his life as a homeless drifter. By the time that Gideon reached the age of sixteen he had an extensive list of petty crimes. At age eighteen he was arrested in Missouri and convicted of robbery, larceny and burglary. Gideon was sentenced to ten years in prison but was released in 1932 after serving three years. Gideon would spend most of the next thirty years in poverty and in and out of prison. Throughout this time he was married four times, the first three marriages ended very quickly but the last marriage in the 1950’s would last longer. Gideon and his wife settled in Panama City, Florida after having three children who would later be taken away by welfare authorities. Gideon found work as an electrician but gambled to subsidize his low income. Gideon would not go back to jail again until 1961. On June 3, 1961 four fifths of wine, twelve bottles of Coca Cola, twelve cans of beer, about five dollars from the cigarette machine and sixty dollars from the juke box were stolen from Bay Harbor Poolroom which belonged to Ira Strickland Jr. A twenty-two year old resident that lived close by, Henry Cook, told the police that he saw Gideon get into a cab after walking out of the pool hall with a bottle of wine and pockets...
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...Abraham Lincoln Research Paper Abraham Lincoln was born on February 12, 1809 close to Hodgenville, Kentucky. His family moved to Indiana in 1816. When Lincoln was ten his mother died from poisoned milk. His father remarried the next year to Sarah Bush Johnston. Abraham liked her very much and even later recalled her "his angel mother. (Encarta)" Abraham had less than one year of formal education during his life. He was self-educated and taught himself how to read and write. When he was not in school, he worked on the frontier farm clearing out forests with his axe. When Abraham Lincoln was 21 he and his family moved to Illinois. There he worked on a farm growing corn. But more importantly here was where he gave his first political speech. In 1830, the same year his family moved to Illinois, he went to a political rally and was convinced to talk for a candidate on his behalf. According to a witness there, Lincoln "was frightened but got warmed up and made the best speech of the day. (Encarta)." Abraham Lincoln's political career started in the spring of 1832 by running for a seat in the Illinois' House of Representatives. However an unusual turn of events happened a month after he announced he was running. The store he was working at went bankrupt and he lost his job. Very shortly thereafter Native Americans rebelled and the governor of Illinois asked for volunteers to help put this down to which Lincoln promptly volunteered for. He never experienced actual combat, but during...
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