...Habeas Corpus POL201: American National 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...
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...The American Civil War 04-18-13 Sumter to Think About Graphic photos depicting tragic events during the course of the history of this great nation are in obvious abundance. Whether it was the Vietnamese War, to those horrific scenes captured on film that fateful day, September Eleventh, 2001, visual documentation of violence continues to captivate these United States. During the Civil War, capturing a photo was in its infancy. Despite the primitive technology, there may be no better way to express the horrific events that transpired inside of Andersonville prison, as well as the overall feel of the Civil War in general. The visual of malnourished inmates dying a slow, agonizing death invokes emotion to most that view them. Despite all of this horrible negativity surrounding the prison, did anything good come out of Andersonville? Was it as awful as documented or simply a necessary evil of the war itself? I liken this to a high budget Hollywood blockbuster, horrible comparison but it seems to be what comes to mind. In most major motion pictures, the “winner” is placed upon a pedestal for all to cheer. The “loser” on the other hand, that’s normally the villain of the story. Certainly the Union had to have prisons set up where similar acts were being enforced, right? Is Andersonville so well regarded as the worst of the worst simply because the south have the stank of loserdom all over them? Located in Andersonville, Georgia, this Confederate Civil War prison was perhaps...
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...accomplishments of this extent are not worthy of being combined. As individuality is present with existing statues of significant men in history, such distinction and singular representation must be mimicked with the equal female gender. Many renowned women have played roles in shaping America, but none were as impactful as Clara Barton. This pioneering nurse, founder and president of the American Red Cross, teacher, patent clerk officer, philanthropist, and General Correspondent for the Friends of Paroled Prisoners surely has earned the title as one of the founders of this nation....
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...The Right of Habeas Corpus POL201: American National Government Instructor: Farrell Binder October 27, 2013 The meaning of Habeas Corpus originates from a Latin word meaning “you have the body” (National Archives). It refers to the right of a person to question their imprisonment before a judge. The abuse of the right of habeas corpus has not been the most severe of civil liberties granted not to Americans only, but many other countries. The right of Habeas Corpus defends a prisoner. It gives a prisoner an opportunity to prove that their guaranteed rights to fair treatment in a trial was not given to them. The concept initially became a law in the 17th century in England when Catholics were considerate disloyal to the throne of King Charles II. It precedes the Magna Carta in 1215. It isn’t an original American concept. It became a law in the west when England parliament decreed the Habeas Corpus Act of 1679 (http://www.constitution.org). In 1861 right after the start of the American Civil War President Lincoln ordered a suspension of Habeas Corpus. It only applied to Maryland and parts of the Midwestern states. John Merryman, a Maryland secessionist, was capture by Union Troops. The Chief Justice and Supreme Court overlooked Lincoln’s order of suspension and demanded that the military bring Merryman before the court. Lincoln and the military then ignored their ruling. Chief Justice Taney governed Lincoln’s suspension unconstitutional. The first real act of Habeas Corpus...
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...Civil Liberties, Habeas Corpus, and the War on Terror U.S. Presidents have been known to assert their presidential prerogative in times of crisis. Their decisions, sometimes haste and irrational, were rarely challenged by the Supreme Court because of extenuating circumstances. Over the years, our nation’s leaders made the tough decisions that raised eyebrows in the Supreme Court and caused confusion among the American public. The latest battle that has our nation in an uproar is terrorism. Since the attack on September 11, 2001, the American government has exercised its powers to detain suspected terrorist or illegal combatants for the sake of national security. Such actions violate the right of habeas corpus which grants detainees due process in court. Is it a question of what is right according to the executive powers of war or the right of habeas corpus? The need to explore the right of habeas corpus is an understatement; during the war on terror, it was simply an afterthought. Habeas Corpus has evolved over the course of history but still holds the same core principles. Unlike the evolution of man, habeas corpus has been subjective to interpretation and uncertainty of its true meaning. The Habeas Corpus Act 1679 was passed during the reign of King Charles II by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, a procedural device to force the courts to examine the lawfulness of a prisoner's detention...
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...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? 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...
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...America and Germany: Institution America and Germany: Military Institutions War and Culture are intertwined with Politics as well as Religion. The reasons are because the Human Psyche governs these four things and such it is within the whims of those who have the powers or are have the power within the society or community to control it. It can be said that culture is equivalent of “any group of humans living or working together over time develops “habitual practices, default programs, hidden assumptions and unreflected cognitive frames” that inform their choices, or indeed they will have created “a repertoire or ‘tool kit’ of habits, skills, and styles from which people construct ‘strategies of action’.” (Lee 2011, pp.3) As such, war can result in a cultures ideology, socioeconomic background and religious beliefs. Most Wars have a main/central or focal point or theme as to why they are being fought, and it is the underlying cultures belief that governs the reason for said wars. (The Holy Wars due to Religion, the Civil War due to political beliefs of freedom and liberty, World War II due to religious and political propaganda). Americas Perception in regards to “Death’s Significance for the Civil war generation arose as well from its violation of prevailing assumptions about life’s proper end-about who should die, when and where, and under what circumstances.” (Faust 2008, pp. xxii) Before the war, dying was due to natural and normal circumstances. Rules of conduct for the...
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...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 prisoners to seek habeas...
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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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...the globe who was suspected of helping to aid in the planning of the attacks on the United States was now subject to the policing of the United States government (Jackson, 2010). This resolution and vow by President Bush and Congress to take on the war against terrorism resulted in massive military, law enforcement, and intelligence missions being launched in the Middle East and around other parts of the globe. These military and policing efforts resulted in thousands of detentions of citizens and non-citizens as potential suspects, however, in many cases, individuals being detained did not have formal charges placed against them, and they were merely being held on "suspicion" (Jackson, 2010). The most prominent example of indefinite detention of individuals is seen at Guantanamo Bay Naval Base in Cuba (GITMO). This pattern of indefinite detention of individuals who in many cases have never been charged with a crime has led to a multitude of legal challenges as prisoners have attempted to evoke their rights of habeas corpus in an attempt to get U.S. Federal Courts to hear their cases (Jackson, 2010). The general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties: In today's legal definitions, habeas corpus is the right of an individual who is incarcerated to question their dentition before a judge to validate the legitimacy of their being detained (Primus, 2010). Habeas corpus provisions are found...
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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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...is that prisoners are prohibited from any private contact with their spouse. However, this is not the case with the policy of conjugal visits. These special visits, allow an inmate and his/her spouse a private visit. They are permitted to engage in sexual intercourse. Often times the visits include family members, such as grandparents or children. The intention for these visits are “designed to help keep families together in an environment that approximates home… and serve as incentives for good behavior, reduce sexual activity among prisoners and strengthen families” (Seversonjan). Nonetheless, recent debates have ensued in state penitentiaries about conjugal visits. For starters, these visits are only allowed to a minority of prisoners who are legally married. Those that aren’t would get jealous about not being able to participate. There are also the dangers of sexually transmitted infections (such as HIV) or unplanned pregnancies. The program is also very expensive, costing the prison and tax payers lots of money. Originally, these visits were used as a bribe in the early 1900’s. Sex was used to push African Americans inmates to work harder in the fields. Still holding true today, conjugal visits are used “more as a way to control inmates than nurture relationships” (Seversonjan). Fifty years ago, during the pre-civil war era, a similar, but harsher system was in effect. Slaves and other minorities were not permitted to marry under US law. Marriage’s regulatory role in the...
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...the globe who was suspected of helping to aid in the planning of the attacks on the United States was now subject to the policing of the United States government (Jackson, 2010). This resolution and vow by President Bush and Congress to take on the war against terrorism resulted in massive military, law enforcement, and intelligence missions being launched in the Middle East and around other parts of the globe. These military and policing efforts resulted in thousands of detentions of citizens and non-citizens as potential suspects, however, in many cases, individuals being detained did not have formal charges placed against them, and they were merely being held on "suspicion" (Jackson, 2010). The most prominent example of indefinite detention of individuals is seen at Guantanamo Bay Naval Base in Cuba (GITMO). This pattern of indefinite detention of individuals who in many cases have never been charged with a crime has led to a multitude of legal challenges as prisoners have attempted to evoke their rights of habeas corpus in an attempt to get U.S. Federal Courts to hear their cases (Jackson, 2010). The general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties: In today's legal definitions, habeas corpus is the right of an individual who is incarcerated to question their dentition before a judge to validate the legitimacy of their being detained (Primus, 2010). Habeas corpus provisions are found...
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...been waiting for. I'm well and strong and young - young enough to go to the front. If I can't be a soldier, I'll help soldiers.” Clara Barton (brainyquote.com) The Civil war is known as the bloodiest war in America. With improved weapons that could kill, many soldiers were getting wounded and killed by the second. Women played a big role in helping heal the wounded men; one of the most famous was Clara Barton, born in the north and aided the union. Even though she was only just one woman, she played a major part in the Civil War and in shaping medical care on the battlefront. Before and during the civil war, the north in the 1800’s was centered about industry. Even though the cities were very unsanitary, many...
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...each have their own types of institutions and security levels and house different types of criminals due to their differing jurisdictions over state versus federal prisoners. This paper will discuss the state and federal prison systems and their respective histories, recent growth in prisoner populations, different types of facilities, security levels, and types of criminals. American state prisons were originally used as workhouses where prisoners could work off what they owed to the state for their crimes through hard labor, but the purposes for state and federal prisons eventually shifted towards using prisons with the intention of punishment and incapacitating the criminal by removing them from society. Not surprisingly, many of the ideas for the development of the first prisons in the United States came from England. The history of the American prison system began with the Walnut Street Jail in Philadelphia, which served as the first prototype for the Pennsylvania model for prisons where prisoners worked at tasks in solitary confinement in order to pay off their debt to society and theoretically reflect upon what they had done (Johnston, 2010). The Pennsylvania Model was based on the more humane approach that had earlier been spearheaded by William Penn, a Quaker, and focused on isolating the prisoners and preventing idleness, which was seen as a key factor in recidivism. However, the first prototype prison system in the Walnut Street Jail was not as successful...
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