...Habeas Corpus: Then and Now. Chasing Freedom Down the Rabbit Hole Robert W. Echols AIU Online ENGL106-1201B-226 English Composition Abstract Habeas Corpus is one of the fundamental protections guaranteed to Americans by the Constitution of the United States of America. This essay will describe the original intent of the writ, the transformations the writ has undergone, and the modern-day implementation of The Great Writ of Habeas Corpus. The essay will also explore how dangerous the practice of denial of this right can be to the freedom against unlawful detainment of people subject to United States civil and criminal law. Habeas Corpus: Then and Now. Chasing Freedom Down the Rabbit Hole Freedom. What an indescribable term. Is it merely a feeling or is it something more tangible? False Imprisonment. Now that is something more noticeable. The Great Writ of Habeus Corpus has been part of the judicial system since the Magna Carta! It is this writer's intent to show the reader how Habeas Corpus has been incorporated into the United States of America's Constitution and how it has changed since being written into law by the implementation of the Habeas Corpus Act of 1679; Interesting usage of Habeas Corpus will be explored throughout the reader's journey down the rabbit hole. The phrase “Habeas Corpus” is an ancient common law prerogative instrument dating back to the Magna Carta. Though not specifically written in this great charter, Habeas Corpus is implied by...
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...HABEAS CORPUS AND THE WAR ON TERROR POL 201 AMERICAN NATIONAL GOVERNMENT JEFFREY LONG JANUARY 27, 2014 September 11, 2001 has brought about many changes in the form of how the country protects itself from terrorists. In particular, how we handle individuals captured and labeled as enemy combatants. The United States Naval Station in Guantanamo Bay, Cuba(GITMO) is land leased to the United States under the Cuban-American Treaty of 1903 for the use of coaling and a Naval station. Since 2002, the naval base has operated a detention camp for alleged enemy combatants captured in Afghanistan, Iraq, and other places. Legal issues surrounding the imprisonment without due process is an argument that has continued since the opening of this facility. This essay will argue why the rights afforded by the Constitution should be afforded to detainees at GITMO in terms of habeas corpus. Habeas corpus is a demand by a court to a jailer to produce the prisoner and announce the charges(Levin-Waldman, 2012). Derived from English common law, habeas corpus first appeared in the Magna Carta of 1215 and is the oldest human right in the history of English-speaking civilization. The doctrine of habeas corpus stems from the requirement that a government must either charge a person or let him go free. The Bush administration’s decision to incarcerate enemy combatants at GITMO without habeas corpus has tested the scope and commitment of this constitutional right(Schultz, 2011). This right is...
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...Running head: CORPUS 1 Suspension of Habeas Corpus Linda Nance POL 201 – American National Government Instructor: Jamie Way August 12, 2013 Running head: CORPUS 2 Suspension of Habeas Corpus Introduction: According to the United States Constitution, a prisoner has the right to appear in court to find out the reason that they are being detained. If the prisoner feels that they are being detained unlawfully, they can file a petition, with the help of legal counsel, to the court in order to have their case heard. This action is called a Writ of Habeas Corpus. This procedure helps to keep the government from detaining an individual without just cause. The judge will only hear whether or not the prisoner’s rights were infringed upon. If the prisoner’s rights were violated, the judge could ultimately set him free (Starrs, 2007). However, in the case of war time prisoners, if those individuals are not United States citizens, they are may not be given the same civil liberties as an American would be. In the current war on terror, it has been debated whether or not the prisoners who are being detained should be given the same rights to Habeas Corpus as anyone else would. Should these individuals be held for an indefinite amount of time, are they entitled to the same “due process of law” as it states in the 5th amendment of the U.S. Constitution, or will their right of Habeas Corpus be suspended because of the events leading up their arrest...
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...The Writ of Habeas Corpus and the War on Terror Charles Chamberlin POL201 Prof. Jason Weinerman 5/12/14 Introduction The basic right to question the government and hold it accountable is a basic hallmark of American Government. The right of the individual to question those in power, whom, according to the US Constitution, are there to represent and/or serve the public, is what makes the American construct unique. Our strength as a nation is manifested in the fact that we even treated our enemies within the rule of the law, even when the Great Writ was suspended. The Writ of Habeas Corpus which is the right to question and challenge the grounds in which our government holds a sovereign free American citizen against their will, is among our most basic fundamental rights. In the following pages, we will explore the history and what has caused us to stray from this ideal and, perhaps, instill the idea in the reader that all American citizens and aliens detained under suspicion, no matter the circumstance, must be treated justly. History of Habeas Corpus The right for...
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...will be explaining the history of Habeas Corpus and its evolution through the years. I will explore the origin of habeas corpus, what role it plays in our country, and the action that is currently being taken regarding it. I will also be delving into the way that the Bush administration dealt with the writ of habeas corpus. Since the U.S. Constitution was written, the writ of Habeas corpus has been considered one of the most basic and fundamental guarantees of civil liberty that we as American citizens have enjoyed. Even so, many questions have been raised regarding the proper use of this writ. Many of these questions have come to light over the past decade. In the years following the terrorist attacks of September 11, 2001, the United States government hundreds of people as part of the war on terror. Most of these people face imprisonment indefinitely without having been charged with a crime or even given the status of prisoner of war. The purpose of Habeas corpus is to protect American citizens against such things as wrongful/unlawful imprisonment and torture. It is a civil liberty that our Constitution guarantees cannot be taken from us. The precise origin of Habeas Corpus is unknown but it is believed to have originated from Anglo-Saxon common law. The principal use of Habeas Corpus comes from the middle ages, when similar laws were used. The sum of these laws have aided in molding our current use of habeas corpus. Habeas Corpus has been used to compel jailors to bring...
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...We have been fighting the war on terror for ten years. This is one of the longest wars that the United States has ever fought. While the war rages on the boundaries between national security and civil liberties are blurred. “The big threat to America is the way we react to terrorism by throwing away what everybody values about our country—a commitment to human rights” (Kennedy, 2007). Individual liberties and freedoms are important since without them one can be held indefinitely. Habeas corpus does not infringe upon a person’s civil liberties. In addition, habeas corpus allows an individual to question why they are being detained and ensures that detainees have a right to a fair trial; it is considered to be one of the foundations of constitutional democracy. First, individual liberties and freedoms are important since without them one can be held indefinitely. Habeas corpus also known as the “great writ of liberty” guarantees that a person who is being held unjustly can go free (Habeas corpus, 2011). This is one of the reasons that make America so great because anyone who is detained can know the reason why...
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...Habeas Corpus and the War on Terror POL 201 American National Government The recent War on Terror has caused quite a stir. Many patriotic Americans are now on guard even though the main character in the War on Terror, Osama Bin Laden, has been caught and executed. Many other “terrorists” have been arrested and detained at a prison at Guantanamo Bay in Cuba. This raises the question of whether they are being detained legally or not. One issue is the concept of habeus corpus. This essay will briefly outline the war on terror and demonstrate the concept of habeus corpus and what it means for detainees at Guantanamo Bay. The War on Terror may have begun with the bombings of two US embassies in East Africa in the countries of Kenya and Tanzania in 1998. At the time, it was uncertain who caused the attack or why it happened. “Two bombs with a single message: don't forget the world's superpower still has enemies, secret, violent and determined. America is ever a target, its embassies and installations abroad inviting symbols of its power See, say the bombers, despite your enormous wealth and strength, we can still inflict a great hurt” (McGreary, 1998). This message suggested that there was more terror on the horizon. The author remembers this well as he went to Kenya in 1998 and returned from his trip two days before the US Embassy was bombed there. Many Americans may have forgotten about these attacks when, three years later, the United States was attacked on its...
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...Through the course of American history there are names that stand out, names that represent more than just a person, but represent an era in American history. The list of important and influential figures in American history is too long and numerous to list. Yet there is always one name, one man who stands above all the rest. Abraham Lincoln has come to define the American experience. His beginnings as a poor farmer in Kentucky to his rise in politics to his Presidency, his story fascinates everyone who reads and studies it. Abraham Lincoln is the epitome of what America is. He is Americas most cherished and beloved President and he may be the most well known American President in the world. Despite all the praise bestowed upon Abraham Lincoln there are those who do not buy into the ‘official’ Lincoln legacy. A small, but growing group of Lincoln detractors claim that Lincoln was not the father of freedom and liberty, the great emancipator and the savior of the union; they see Lincoln as a diabolical dictator. A man who took advantage of America in its darkest hour, a man who had no respect for the Constitution, he instead sought to destroy and undermine it every chance he got. Abraham Lincoln was President during America’s darkest hour; he saved the union and kept the country together. Lincoln was justified in the actions he took, despite attempts to paint Lincoln as a tyrannical dictator there is no question that Lincoln’s status as America’s greatest President is deserved and...
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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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...Introduction: Many women seeking to become pregnant – while some seeking to prevent the same - often come across the terms “ovulation” and “ovulation test/predictor kits” while searching online for information related to fertility. ------------------------------------------------- This article, through the principles of physiology, will help these women develop a clear and thorough understanding of the concept of ovulation and the use of ovulation prediction kits. ------------------------------------------------- Table of contents: 1) What is ovulation? 2) Understanding the ovulation cycle a) Follicular phase b) Ovulation c) Luteal Phase 3) Why ovulation prediction is necessary? 4) Various methods for predicting/detecting ovulation, their advantages and disadvantages d) Urinary ovulation test kits e) Salivary ovulation test kits f) Basal body temperature charting g) Cervical mucus monitoring h) Monitoring lower abdominal discomfort 5) What is the best ovulation test kit? 6) Which kit should you choose - Medical and Review Data 7) ------------------------------------------------- Tips on getting better results from urinary & salivary ovulation test kits ------------------------------------------------- What is ovulation? At its simplest, ovulation is the release of an ovum from the mature follicle in an ovary, into the uterine tubes; usually occurring on the 14th day...
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...graduated from Kenyon College in Gambier, Ohio in 1832 and further studied law in Massachusetts and Yale University, graduating from there in 1835. He served as member in the Illinois House of Representatives in 1845 ; in Illinois Constitutional Convention; and as an Illinois circuit court judge. The most interesting part of his life is when he served as Abraham Lincoln’s campaign manager during the presidential election of the year 1860. It is when Davis was appointed the associate justice of the United States Supreme Court by Lincoln that he made the most important decision of his life. The court’s ruling on the case entitled Ex parte Milligan, shows us Davis’ view on civil liberties—particularly, the suspension of the writ to habeas corpus. The Ex parte Milligan case was regarding Lambdin P. Milligan and four others members who were accused, charged, found guilty and sentenced to be hanged by the military court in 1864. However, when brought to the Supreme Court, the Court ruled in favor of the case. Justice Davis delivered the opinion of the Court for...
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...Habeas Corpus And it’s Impact on Civil Liberties and Terrorism. Alson Watson Professor: Scot Wilson Politics 201 November 4, 2012 Introduction In times of national crisis civil liberties are sometimes abridged in exchange for greater security. The Framers, countenancing such an eventuality, granted to Congress the power to suspend the right to a writ of habeas corpus in times of rebellion or invasion. The war on terror has created many a rift in political, judicial and civil rights circles thus creating unique circumstances in regard to dealing with individuals detained due to acts of terrorism. The Habeas Corpus Act ensures that due process is given to those who believe they are innocent of charges set upon them. However those rights to habeas corpus are forfeited when they are found to be guilty of acts against the U.S and its territories and in so doing are not subject to the trials held in a civilian court whether they are citizens or not. In this paper I look to examine the meaning of habeas corpus, its placement in the constitution and its impact on modern society’s laws, civil liberties and political/judicial stances. What is Habeas Corpus? HABEAS CORPUS is a term that was originated in the English legal system and is an important legal instrument in safeguarding individual freedom against arbitrary state action. The writ (legal action) is issued in form of an order calling upon a person by whom another person is detained to bring that person before...
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...the testes and are stored in the epididymis. (t From the epididymis the sperm travel along the vas deferens. Sperm then continue along the vas deferens and pass by the seminal vesicle and prostate where fluids are added. Eventually this mixture reaches the urethra, passing by Cowper's gland where more fluids are added, to be ejaculated out of the penis as semen. The fluids come from the prostate gland, and the seminal vesicle. Its purpose is to act as a transported for the sperm. It provides the sperm a way to move throughout the vagina. The Ovarian cycle takes place in the ovaries. It is the normal cycle that includes development of an ovarian follicle, rupture of the follicle, discharge of the ovum, and formation and regression of a corpus luteum. The uterine cycle is the building up and breaking down of the uterine lining or menstruation. The ovarian cycle happens first about a week or so before uterine cycle. The ovarian cycle happens first and if the egg is not fertilized by a sperm, then a week or so later the ovarian cycle, or menstruation happens. LH causes secretion of testosterone and other androgens by the interstitial cells. FSH stimulates the production of sperm. Testosterone plays a key role in the development of male reproductive tissues like the testis and prostate. It also promotes secondary sexual characteristics like increased muscle, bone mass, and the growth of body hair. LH levels rise during ovulation. This causes the egg in the ovary to complete Meiosis...
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...In this paper I intend to explore how two forms of conflicts can draw cities into a crisis. The two forms of conflicts are: 1.ths conflict between aristocrats and peasants over landownership and slavery, 2. the second form of conflict was between Aristocrats fighting each other for the political powers. I will then explore how Solon worked on the economy, the family and politics, whether he solved or didn’t solved the conflicts that brought Athens on the brink of revolution. Solon imposed many new laws to rectify the problems that were arising between aristocrats and peasants, and he also changed Athenian society to a much more citizen-oriented way of living. I have divided my paper into three parts. In the first part, I will explain the conflict that arose between the peasant and aristocrat on the basis of land and slavery, and whether Solon resolved this conflict. I will also describe how Solon’s laws impacted this conflict, as well as the situations that occurred before, and the situations that occurred after Solon. In the second part, I will deal with conflict between aristocrat families over political powers and why both parties had for their views. I will also describe how Solon’s new law changed the forming of loyalty in aristocrats’ families. His new laws make an Athens better place such as laws on Feuds, Dowry, Inheritance, and Wills. In the third part, I will deal with the political constitution, its setup and its consequence. And show changes that Solon had...
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...Torture Jack Bauer would rather go to prison than fail to save Los Angelis from an A-bomb. We don't need laws allowing anyone to torture in exceptional circumstances. If exceptions are allowed, they will only be abused eventually. Legal ramifications will be gladly endured by the type of extraordinary individuals who will make that sacrifice to keep this country safe. If they are so sure a suspect has the information, they will risk their personal freedom on their hunch to engage in torture. If they are wrong, they will get their punishment. If proponents of torture (including all its euphemistic forms) want to cite Jack Bauer and his Ticking Clock of Doom, they must accept the full premise and all its trappings. Writ of Habeas Corpus Dating back to the 1600's, this guarantees prisoners the right to petition a legal body, through a standard of due process, to make a preliminary claim that they have been held wrongfully, and to have this reviewed by said legal body. It is additionally included in part of a larger U.S. constitutional set of rights preventing individuals from being held indefinitely without either release or trial. The U.S. Supreme Court has also ruled that the Bush Administration cannot prevent detainees from being designated outside of both the Geneva Conventions and U.S. criminal law, not to mention Cuban law, while they are being held at Guantanamo Bay. They must fit into some category. Detainees cannot be in a conveniently legalistic no-man's...
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