...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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...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...
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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 "adversary system" is the fundamental concept behind American jurisprudence. It is assumed by our system that when you have 2 people on opposite sides who are trying to win, the party that has the truth on its side will ultimately prevail. Of course, as we all know, it doesn't always work that way; but that's our system. Many Continental European systems use the "civil law" method. Under that system, all the lawyers in the case are responsible to help in the "search for the truth." If one lawyer has information that would help the other side or comes to agree with the other side's view, he or she has the right and/or duty to say so. Which system do you think is more effective and why? Also, do you see any constitutional problems with applying the civil law system to the U.S.? For this assignment, in addition to answering the above questions, I would like you to find at least one case (which can be done most easily from Lexis) in which the limits of the adversary system were discussed or tested. The subject matter of the case itself can be anything, but the focus should be whether an attorney or firm's responsibility to a client or court outweighs some other "greater" or "moral" responsibility. For this case, please briefly discuss the ethical issue and how the court resolved it. Which system do you think is more effective and why? U.S. system. The adversarial system emphasizes the debate between the two parties and the judge only directs the jury and guarantees...
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...following laws in which they were originated. Civilizations throughout time have found it necessary to establish a set of laws dependent on their society's religious beliefs, social structure, setting, and other variables. Magna Carta (Latin for Great Charter, literally "Great Paper"), also called Magna Carta Libertatum (Great Charter of Freedoms), is an English legal charter, originally issued in the year 1215. It was written in Latin. Magna Carta required King John of England to proclaim certain rights (pertaining to nobles and barons), respect certain legal procedures, and accept that his will could be bound by the law. It explicitly protected certain rights of the King's subjects, whether free or fettered most notably the writ of habeas corpus, allowing appeal against unlawful imprisonment that led to the rule of constitutional law today in the English speaking world. The earliest legal system known in its entirety is the Code of Hammurabi which was established in ancient Babylonia nearly 4000 years ago. The Code of Hammurabi was compiled by King Hammurabi himself. Hammurabi was the most notable ruler of the first Babylonian dynasty, and unified Mesopotamia under one central government. Hammurabi's life is unknown, it is predicted that he established his reign around 1792-1750 B.C., thus dating the Code to approximately this period. Draco was a legislator in Athens who was authorized by the Alcmaeonidae to write the law codes around 621 B.C. It marked the first time the laws in...
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...this all means for Fun 4 Life Fitness Center, LLC is that the market is ever growing which translates to more competition. Most fitness centers offer a variety of services to address the needs and convenience of the customers. Some of these services includes personal trainers, facilities with state-of-the-art equipment, and programs that cater to mostly every demographic. Fun 4 Life Fitness will seek to have a competitive edge by providing customers with stellar customer service along with offering a variety of programs and equipment that is sure to develop a following for Fun 4 Life Fitness Center, LLC. Key Competitors The key competitors that have fitness centers in the Corpus Christi area are Gold’s Gym, Freedom Fitness of Corpus Christi, Corpus Christi Snap Fitness Center, and Corpus Christi Athletic Club. Gold’s Gym specializes in providing some of the best cardio and strength equipment to help people realize their goals. Some of their strengths include the programs they offer, their personal trainer staff, and most importantly, the Gold’s Gym brand name. They have built up a reputation for being one of the first innovative fitness centers. They have been around for more than 45 years. There are some weaknesses that exist for this particular Gold’s Gym. Weaknesses include complaints about the cleanliness of their facility and the brand name Gold’s Gym. Although Gold’s Gym is poplar and have a strong reputation, sometimes there are cases where a customer...
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...MADDOX V. MONTGOMERY United States Courts of Appeals, Eleventh Circuit 718 F.2d 1033 (11th Cir. 1983) Facts: Jimmy Maddox was convicted of rape in a Georgia state court and sentenced to life imprisonment. Having unsuccessfully pursued his direct appeal and the state post-conviction remedy, Maddox filed a federal habeas corpus petition alleging prosecutorial suppression of exculpatory evidence in violation of the doctrine of Brady v. Maryland. There are four types of situations in which the Brady doctrine applies; the prosecutor did not disclosed information despite the defense attorneys request, the prosecutor also did not disclosed information the general defenses request for all exculpatory information or without their request at all, the prosecutor knew or should have known that the conviction is based on false evidence which he or she failed to disclose. Surely impeaching evidence was not concerning a substantive issue, in the absence of the defense request. In United States V. Anderson it requires proof that the accused believed that some particular "official proceeding" was likely to occur in the near future, and was incorrectly instructed that an...
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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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...Habeas Corpus: An Ancient Law Evolved POL 201: American National Government Habeas Corpus: An Ancient Law Evolved Habeas Corpus is a law that ensures that a person who is arrested or restrained is brought before a judge or court. Should there be a lack of evidence the prisoner will be released. Habeas Corpus can be sought by a prisoner or by the prisoner’s representation. Habeas Corpus has been said to be “the ultimate lawful and peaceable remedy for adjudicating the providence of liberty’s restraint.” (habeascorpus.net) Considering the fact that numerous people have suspended Habeas Corpus or have suspended it for certain individuals, is it still the “ultimate and peaceable remedy” that it used to be? Evolution of Habeas Corpus Habeas Corpus is an ancient common law which originates in England. The precise origin of Habeas Corpus in uncertain but it does appear to be mostly from an Anglo-Saxon origin. Habeas Corpus does date back to before the Magna Carta. (habeascorpus.net) The principle effect of Habeas Corpus was ultimately achieved in the Middle Ages. This was does by employing the use multiple writs. The sum of the writs essentially gave the same effect as the modern day Habeas Corpus. (habeascorpus.net) The Writ of Habeas Corpus was established to create a check of power for the state. It also preserved the rights of individuals from the arbitrary powers of the King, his Court, and his Counsel. (habeascorpus.net) Parliament enacted Habeas Corpus in 1679, codifying...
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...Prolactin * Progesterone * Cortisol * ESTROGEN * is produced by the ovaries, is a sex hormone responsible for secondary sex characteristics and for cyclic changes in the uterus. * Prostaglands * is a group of fatty acids that are present in menstrual and brain fluid. Prostaglands aid in uterine contractions. * Prolactin * is a hormone produced by the pituitary gland and aids in the development of breast and the formation of milk . Stress of all kinds can stimulate the production of prolactin. * Cortisol * is secreted from the cortex in the kidneys and aids in the metabolism of fats, carbohydrates, sodium, potassium and proteins. * Progesterone * is a steroid hormone excreted from the corpus luteum, which is a small yellow body that develops within a ruptured ovarian follicle. It responsible for changes in uterine endometrium in the second half of the menstrual...
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