...England and are found all throughout our history, such as the Civil War and currently the War on terrorism. The Writ of Habeas Corpus specifically refers to the right to challenge one's detention. It is also the state's ability to force someone to appear in court. By allowing an independent judge to review the basis of a person’s detention and order the detainee’s release if the grounds are unlawful, habeas corpus serves as a bulwark against arbitrary arrest, torture, and extrajudicial killings. This right, whose evolution was largely driven by historic struggles to impose limits on the power of the monarch, is today widely protected in domestic and international law. It was common in England, in the period of the conflict between Protestants and Catholics, to be held indefinitely in the Tower of London without trial. Political prisoners disappeared because they had not broken the law, but have opposed the crown's policies. When the term first came into widespread use in medieval England, a "writ of habeas corpus" was simply a subpoena. A king or local official could impose a "writ of habeas corpus" to force someone to appear and testify. But over time, it took on a more libertarian meaning. By the time England's Habeas Corpus Act came into effect in 1679, it was understood as a civil right protecting the populace from being arrested without charge. In America, the Writ of Habeas Corpus was proudly continued after freedom from England had been established and is a major part of...
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...fundamental guarantees of personal liberty. Its roots come from England and are found all throughout our history, such as the Civil War and currently the War on terrorism. The Writ of Habeas Corpus specifically refers to the right to challenge one's detention. It is also the state's ability to force someone to appear in court. By allowing an independent judge to review the basis of a person’s detention and order the detainee’s release if the grounds are unlawful, habeas corpus serves as a bulwark against arbitrary arrest, torture, and extrajudicial killings. This right, whose evolution was largely driven by historic struggles to impose limits on the power of the monarch, is today widely protected in domestic and international law. It was common in England, in the period of the conflict between Protestants and Catholics, to be held indefinitely in the Tower of London without trial. Political prisoners disappeared because they had not broken the law, but have opposed the crown's policies. When the term first came into widespread use in medieval England, a "writ of habeas corpus" was simply a subpoena. A king or local official could impose a "writ of habeas corpus" to force someone to appear and testify. But over time, it took on a more libertarian meaning. By the time England's Habeas Corpus Act came into effect in 1679, it was understood as a civil right protecting the populace from being arrested without charge. In America, the Writ of Habeas Corpus was proudly continued...
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...The War on One’s Individual Liberty and Freedoms Nadira R. Brown POL 201 Professor Dovie Dawson April 15, 2013 The War on One’s Individual Liberty and Freedoms Have you ever felt like a piece of cheese on a mouse trap just waiting for that mouse to come by and eat you; maybe even a fly stuck in a spider’s web hoping that you can get away? Well I am sure if I had been one of those people in the mist of the chaos on September 11, 2001 that had changed the life of all Americans’ across the country. I would have felt no bigger than that piece of cheese or that fly caught in the web. We were victims of a horrific terrorist attack that shook the very core of our foundation as a country. Twelve years later we are still recovering from this horrendous act. 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...
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...an important role in “Anglo American history as a safe guard of individual liberty. It is defined as being a writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time and a specified place for a specified purpose. In contemporary practice, the writ is most commonly used to challenge the legality of criminal convictions and sentence, though it is also used to challenge the legality of custody in other settings, including immigration, mental health, and military contexts. The availability of habeas relief was that the center of the struggle between Crown and Parliament in the 17th century, when parliament objected to lawless detentions from which no judicial remedies was forth coming. Infamous deprivations of liberty led to extensive criticism and protest, as English citizens were often held for significant periods without trial and without recourse. Ultimately, parliament prevailed with the enactment of the Habeas Corpus act of 1979, which specifically authorized habeas corpus required habeas relief under certain circumstances with substantial penalties for non compliance (Encyclopedia.com) The English protection of the writ of habeas corpus was quite influential during the framing period of the United States, with both states and federal government adopting statutory and constitution guarantees of the writ. The federal constitutional guarantee prohibiting the suspension of habeas...
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...Government Instructor: Paul Edleman Kimberly Rice December 17, 2012 Habeas Corpus in Latin, means, “You have the body.” In this paper I intend to inform the reader of the meaning of Habeas Corpus and its relationship to our civil liberties. I will also cover the revolution of habeas corpus; both the English and American traditions that have affected habeas corpus will be covered also. I will talk about the influence that the new threats of war on terror and the consequential changes of law that have affected habeas corpus currently. The general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties is that habeas corpus protects a prisoner and it also allows a prisoner to indicate that his/her constitution guarantees rights to a fair trial. Habeas corpus is a writ that was formed as a Habeas corpus Act in 1679 and is used to keep an individual from being unlawfully imprisoned. Habeas corpus is very important when it comes to the prisoners questioning why they are being held or imprisoned. There are five writs; the first writ is the petition for habeas corpus which is when a prisoner raises doubt about the legality of his/her imprisonment. Next is writ of habeas corpus, which is the order to be brought to court. Then there is Mandamus, which in Latin, means, “We Command”. This is an order from the Supreme Court or High court to lower court or tribunal or public authority to perform a public...
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...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 case was they get arrested and detained. The judge must decide whether the reason for the detention...
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...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 the phrase “the law of the land.” This gave enough room for interpretation to include Habeas Corpus as a common law issue versus civil law implementation...
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...The war on terror is a main stream topic. Shall no free man be taken or imprisoned? Unlawful or illegal combatants are civilians or citizens deciding to take part in armed conflict in violation of the laws of war. For these types of people, GITMO, would be like a nation who didn’t honor habeas corpus… people would simply disappear into the prisons without ever having their day in court. (J. Weinerman 2012). War on terror, habeas corpus, and civil liberties are serious headlines and I will discuss how all of these subjects share their relationship. "Habeas Corpus" is a Latin phrase which means "you have the body." It is the right by which a person can go to court and challenge the validity of his/her imprisonment. In the Anglo-Saxon law, habeas corpus is the oldest human right. It even preceded the British Magna Carta of 1215 CE. The latter confirms the right by stating: "No free man shall be taken or imprisoned ... except by ... the law of the land." 2 This particular freedom has been in our history’s timeline for years to come. "According to Utah State Courts, habeas corpus is a civil proceeding used to review the legality of a prisoner's confinement in criminal cases. Habeas corpus actions are commonly used as a means of reviewing state or federal criminal convictions. The petitioner alleges the convictions violated state or federal constitutional rights. State habeas proceedings start in state District Court; federal habeas proceedings start in federal District Court."...
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...Civil Liberties, Habeas Corpus, and the War on Terror Robin Blankenship POL201: American National Government (GSI1325J) Instructor Amy Lyons January 22, 2013 In our Nation’s history, we have to consider the legality of the Government’s concerning our civil liberties. The habeas Corpus Act and the War on Terror are full of facts and issues that have brought me to address areas that cover the historical evolution, the suspension of habeas corpus, the importance of this act and the evaluation from different perspectives such as the media and the U.S. Supreme Court. Habeas Corpus is a most extraordinary court order of the judges’ power over a human being. “The Habeas Corpus Act passed by Parliament in 1679 guaranteed this right in law, although its origins go back much further, probably to Anglo-Saxon times. It is Latin for "you may have the body” It is a writ which requires a person detained by the authorities be brought before a court of law so that the legality of the detention may be examined.”(BBC NEWS) Habeas Corpus stemmed from the legal traditions of English law, and the Framers of the United States acknowledged the importance of the law. The United States followed and studied this tradition focusing mainly on the effects of the American Civil War, adopting it as “The Privilege of the writ of Writ of Habeas Corpus shall not be suspended unless when in cases of Rebellion or Invasion the public Safety may require it.”(Revised 9/11) Habeas Corpus is in direct...
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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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...In this paper I 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...
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...American Civil Liberties and the War on Terror Christy Holman POL 201 John Zurovchak May 13, 2013 American Civil Liberties and the War on Terror The September 11, 2001 terrorist attacks on our nation were the first time that communist or terrorist factions from abroad were able to penetrate our shores to strike us on our own soil. This horrific day signified the end of the thoughts of many Americans that we as citizens were untouchable. Many different arguments and legal debates have come out of the war on terror that quite frankly, we really do not understand. Should people who have been accused of committing crimes against the United States or its citizens be granted the civil liberties that the Constitution provides for United States Citizens? Should the Writ of Habeas Corpus be extended to people who are deemed illegal or enemy combatants to the United States of America? Habeas Corpus is an inalienable right that should be extended to all who are accused of crimes by the United States Government. The origins of Habeas Corpus precede the year 1215 and show evident in the language of the Magna Carta (Nutting, 1960, pp. 527-543). The exact language of the reference in the Magna Carta is “No free man shall be taken or imprisoned or dissiezed or exiled or in any way destroyed except by the lawful judgment of their peers or by the law of the land.” The practice and right of Habeas Corpus was settled practice and law at the time of Magna Carta and was part of the unwritten...
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...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? In order to answer these questions, we must first look as some of the specifics of the habeas corpus, such as its history and how it came to be in the U.S. Constitution, the relevance of habeas corpus, and how it effects the war on terror. Everyone deserves the right to be heard in a court of law, peace time or war time, civilian or prisoner of war, and sometimes a writ of habeas corpus is...
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...Civil Liberties, Habeas Corpus, and the War on Terror POL 201: American National Government April 17, 2013 Civil Liberties, Habeas Corpus, and the War on Terror The war on terror presents an unpredictable challenge for the United States. Throughout history, the motivation of man’s self-interest has concluded in the domination of those with little or no power. Habeas Corpus is written in the constitution as a right of the people and should be a safeguard to protect all accused persons, but many presidents have found ways not to enforce the right. In history the writ of habeas corpus has been challenged by many president from Lincoln to most recently Bush with abuse of power by the president. I will exam whether the president goes against the constitution to protect the safety of its citizens in a time of war or is it an abuse of power because the president is the commander and chief. Is the president acting on behalf of the people or is it a personal agenda. Habeas Corpus in Latin, means, “You have the body.” According to our text habeas corpus means, “a demand by a court to a jailer to produce the prisoner and announce the charges” (Waldman-Levin, 2012, 5.7). In my opinion for most Americans, habeas corpus protects a prisoner and it also allows a prisoner to indicate that his/her constitution guarantees rights to a fair trial. “From a political point of view, the great value of habeas corpus is that it protects citizens from a dangerous tendency which is generally...
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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...
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