Essays on Habeas Corpus

Identification Procedures Line ups and Show ups

The Lineup is a technique that is used in criminal investigations and is an act where the police shows an individual who has witnessed a crime, nevertheless the person is a victim or not, a line of people and require that the witness recognizes the perpetrator among them or not. Why lineup and not only showing the suspect to the witness? Science (cognitive psychology) and practice have proved that mental processes like attention and memory are quite relative and uncertain phenomena. Imagine that the witness saw a woman with blond short hair and green skirt quickly going out from ...

Abstract

This paper will discuss the emergence of national security policies and laws in the aftermath of the 9/11 terrorist attacks. Prior to these attacks, there was relatively little coordination between different government agencies and branches with regards to counterterrorism. But the 9/11 attacks led to significant changes. All three government branches are highly involved in national security measures and interests. Congress responded by passing very important statutes to augment the government’s authority to conduct and investigate terrorist threats and apprehend suspects. These statutes reflect the practical difficulties of apprehending and prosecuting terrorists. Terrorism is unique in that if ...

Question 1

Ex parte Miligan was a Supreme Court case in the United States that ruled that applying military tribunals to citizens was unconstitutional, when it is evident that civilian courts are still working. The case was about Lambdin Miligan and four others who were accused of stealing weapons and invading Union prisoner of war camps. The accused person was arrested and in 1864 and was charged with aiding a confederacy, inciting insurrection and conspiring to free Confederate prisoners. Miligan was arrested in his home in Indiana by the Union general the accused person was active at the time in the secret society ...

The petitioner who had been a Commanding General in charge of the Fourteen Army Group that belonged to the Japanese Army stationed in the Philippine Island. He was forced to surrender to the US Army making him a prisoner of war (Kirk, (1974). On the other end the respondent was the commanding General from the US Forces whose base was the Philippine Island. He had appointed a military commission that was in charge of the case. The charge being that the petitioner had on an earlier date been unable to control the operations that had been laid out for his troops. The ...

Introduction

The end of World War II has introduced an era where human rights were not only appreciated, but also considered inherited entitled. They were addressed by the Universal Declaration of Human Rights, which was adopted by the U.N. General Assembly, as part of the International Bill of Human Rights, in December, 1948 (United Nations). According to the Universal Declaration of Human Rights, Article 9, no person should be subjected to “arbitrary arrest, detention or exile” (United Nations). However, during wartime, the Fourth Geneva Convention is used, so to define detainees. There are many contradicting viewpoints, as to whether an ...

(School/University)

Habeas Corpus in the era of terrorism

In a 5-4 ruling, the United States Supreme Court declared that individuals held as “enemy combatants” at the American detention facility at Guantanamo Bay, Cuba have the right to immediately initiate legal proceedings for habeas corpus petitions in the US criminal justice system to denounce the legality of their detention. Majority of the inmates in the facility have been detained under hellish conditions, bearing with alternating instances of torture and forced isolation, for more than half a decade. Regrettably, during all the time that these people were forcibly detained under such horrific conditions, none were given the right to ...

Marbury v Madison, is an early precedent that has been used to support judicial review. It demonstrated the responsibility of all arms of government as far as the preservation of constitutional values is concerned. It gave the courts the mandate to rule on the constitutionality of a legislative act. This has discouraged the legislature from voting in bills that are repugnant to the Constitution. This is by indicating that those acts that are repugnant to the constitution are not fit to be laws of the land. This is a great indicator of the superiority of the constitution. The decision and ...

Habeas Corpus and the war on Terror

The main reason why this essay has been written is to find out what habeas corpus means and its application in the war on terror especially at Guantanamo Bay and its detention camps. This writ, though not normally applied in federal courts, has been consequently used several times since the declaration of war on terror in 2001. This essay first examines the meaning of habeas corpus, provides the history of the writ in the United States and its use in the unlawful detentions. Second, this essay goes through the cases of Guantanamo Bay and sets to find out whether ...

Arunabha Banerjee

Senior Associate, Corporate & Compliance Solutions, Thomson Reuters Abstract This article proposes to compare the reigns of Chief Justice Earl Warren and William Rehnquist, two stalwarts of the Federal Supreme Court, in influencing civil rights protection jurisprudence in the history of American Constitutional law. After individually addressing key aspects of their respective tenures, the article delves into a comparative analysis and examines recent trends in protection of civil liberties in light of past developments and future prospects. Keywords: Supreme Court, Warren, Rehnquist, Civil Rights, Civil Liberties, Constitution, National Security

Introduction

The Federal Supreme Court in the United States of ...

In the article ‘Guantanamo and beyond: Dangers of rigging the rules’, Foley outlines the various factors that shows that the Guantanamo detention rules that were enacted as a way of fighting terrorism after the 9/11 are unrealistic. The rules as he states, have reversed the application of Habeas Corpus in the interrogation process n addition to denying the suspects from presenting evidence that could determine whether they are innocent or not. In addition, these rigged rules may alleviate terrorism activities instead of reducing them. This is because the police arrests suspects and little interrogation is conducted to determine whether they ...

The writ of habeas corpus is one of the major developments that brought significant transformations in law. “habeas corpus” is a doctrine that is based on the argument that an individual should not be unlawfully detained. According to Anderson (2006), the doctrines states that “the prisoner or detainee should be brought before the court to decide on the lawfulness of a person’s detention or imprisonment”. The doctrine is has been used in regular occasions in various countries. In the United States, habeas corpus can be used by the federal courts to determine the validity of a prisoner’s detention by the ...

Most Important Institution in U.S. politics- The Congress

Introduction

After the weak parliamentary rule failed under the AOC (Articles of Confederation), Framers of the United States Constitution was set out for creating a federal system of strong but limited central government. While many architects of the Constitution had agreed upon the need for having a more rigid national government, much to the debate of the Constitutional Convention that revolved around the how strong the government needs to be in comparison to the previously established state governments (princeton.edu). It is certain, that the founders planned Congress to be more powerful in comparison to the Supreme ...

In the wake of 9/11 and the beginning of the War on Terror, the American public has developed a much more complex relationship with its government than ever before. Given the fears and security risks inherent to a non-government organization with no lines of citizenship, yet significant intent to harm the American people, many changes and reevaluations of civil liberties have taken place. Most important among these is the writ of habeas corpus, which has slowly been eroded in the past decade between Guantanamo Bay and the PATRIOT Act, leaving American citizens worried about their own freedom and sovereignty being threatened ...

Law is universal. It needs the keen understanding of the law in order to interpret it and be able to apply it in real life situation. It is essential to set the comparison of the direct appeals, and the post-conviction remedies. As stated it is crucial to understand the historical changes that will assist in finding post-conviction relief. Post-conviction relief depicts a unique process in which there is civil remedy which is given by the Illinois’ post conviction hearing act. They are civil in nature their basic and core reason is to challenge and points out errors in the ...

Introduction

The right of habeas corpus is included in the US constitution. It represents a distinctly important right that the constitution grants to individual suspects of crime in the Americas. This particular writ as stated by the US constitution entails the judicial mandate that require the detainers to bring the arrested and detained individual before the court in order to determine if the government has the constitutional right to continue detention of the arrested individual . The constitution provides the individual held or even their representative to petition the court in order to be granted such a writ. This paper focuses on addressing ...

Civil liberties can be defined as freedoms and civil rights which give individual specific rights. Examples of these rights include freedom from forced labor and slavery, right to fair trial, right of privacy, right of liberty and freedom from torture and death, only to mention but a few. Habeas Corpus on the other hand can be defined as a court order (writ) which commands an official of a government or an individual who had detained or imprisoned another to produce him or her at a designated time and place. This is to enable a court to determine the whether the action was legal or ...

Introduction

Habeas Corpus involves the legal action requiring a person under arrest to come before a judge or into court. Under this legal action, the person under arrest has a chance of trial so that detention or acquaintance of a prisoner becomes lawful. Implementing this writ thus enables the proceedings in the legal system of a country to be fair as appropriate . This study will take to explain the evolution of Habeas Corpus in different contexts whereby examples from the US history regarding application of this writ will be discussed. The study will thoroughly analyze the writ to contemporary US situation during the war on ...

Introduction

In this article, there is overwhelming evidence at the initial trial for any prosecutor, investigating authority and even the court to believe that John was the murderer. His confessions are consistent whenever they come, and his self-sentencing to death in itself an admission of guilt. The fact that even the state of the body turns out exactly where and how he had described to the police, and the motive he alleges would leave no doubt in anyone that he murdered Maxine in cold blood, and deserved the strictest sentence. Arrested seven months after the murder, crime scene evidence could ...

Introduction

An order of Habeas Corpus also known as the Great Writ is a Latin term which basically means produce the body. The writ is usually given by a court requiring a jailer to produce a prisoner before a judge within a certain period, failure of which exposes the jailer to legal sanctions for contempt of court. It has been touted for long as the bedrock of personal liberty in both the American and British legal systems. The objective of the writ is not to determine the innocence or otherwise of the detainee but rather to evaluate the lawfulness of such detention and whether it satisfies ...

In the history, man’s self interested has been dominated by the idea of self interest with the aim of concluding a dominion over those with no or little power in the absence of rule of law to protect them. The monster of Habeas Corpus has been around in circulation for many years despite the fact that it sets back to many years unidentified. The phenomena Corpus has been around for every war encountered as been either considered a good or a bad thing based on the outcome of the war. Two presidents in the past suspended the concept behind the ideology ...

Thesis: The Death Penalty is not fair because innocent people are convicted, some have been almost executed, some have been executed and exculpatory evidence was discovered post execution and some have been executed despite of exculpatory evidence. The high cost of prosecuting Death Penalty cases reflects this.

INTRODUCTION I In spite of far reaching ramifications many states in America still apply and carry out the Death Sentence.

A. The Death Sentence is obtained and carried out inconsistently. B. Death Sentence cases cost much more to prosecute than those of life without parole because of the finality of the sentence.

BODY

II Death Sentence cases create situations where innocent people can be executed, or wait for years on “Death Row” ...

Political Science

Federman (2010, p.215) stated that the Writ of Habeas Corpus provides a mode of redress for violating the provisions of the due process law under the Constitution. Under the U.S. federal law, the writ has permitted the state prisoners who have been convicted to appeal their cases to the federal district court and question the basis for such judgment finding them guilty. However, it is mandatory for the federal habeas corpus courts to have jurisdiction over the subject matter before setting the case for hearing and issue a ruling based on the merits. In the event that the federal court shall ...

The processes involved while handling felony criminals is a safe guard against the criminals, and the processes also helps with willful treatment of the suspected criminals. The processes are specifically designed to impose the constitutional rights of the suspected criminals and the defendants. The process starts from the police contact with the suspected criminal, arrest of the suspected criminal, investigating the crime, trial of the suspected criminal, sentencing and finally the appeal. The major constitutional provisions that regard the criminal procedures are found in the fourth, fifth, sixth and eighth amendment of United States’ constitution (Scheb & Scheb, 2013). The ...

the War on Terror the War on Terror The writ of habeas corpus can be literally translated into “you should have the body.” The words “habeas corpus” were the original first words of a writ, or legal action, that was began in Anglo-Saxon common law. This writ was ordered by the king, and used when prisoners were to be moved from an outlining prison to the king’s court to testify (Robertson, 2002). It has evolved, however, into a means for prisoners to challenge their incarceration. Prior to the most recent legal developments in this area, the writ was ...

Introduction

Habeas corpus is defined as the writ in which the person who has been arrested faces trial to defend their innocence. This writ of habeas corpus is a term from the legal phrase called that you have the body. This is made into law in which it is a must for all who are detained to be taken to the courts and judged without any prejudice. This is a way for the jurisdiction to show people the reasons why they have arrested a person. The habeas corpus is a very important tool for the American and English laws especially when it comes to protecting ...

English Bill of Rights of 1689

Summary of the document The English Bill of Rights is also called the Bill of Rights. It is an act of the parliament of England which was passed in 16th December 1689 (Halsall). The Act was meant to declare the rights and liberties of the subject and the settling of succession of the crown (Halsall).

- The British Royals should not interfere with the law. In particular the Act forbid the royal leaders from unilaterally establishing new courts or even act as judges - The citizens of England were given the right to petition the Monarchs without ...

Constitutional rights have always been regarded supreme to other rights and, therefore, prima facie would take preference in case of any conflict with any other rights. However, as the world develops there have been proliferations of other conditions and needs that are essential and should be protected to ensure tranquility in the society. This means that despite civil rights being created to grant citizens exclusive rights to enjoy their free will in response to the conditions at that time; the law and the supreme court have in some cases found it necessary to curtail these rights in order serve ...

- Legislative (adopting laws). Executive (implementing federal policy) and judicial (court protection of rights and interests) - (4) The meaning of bicameralism lies in having two chambers as legislative body. - (5) Federalism is specific governmental system in which one territory is controlled by two levels of government. Its functioning is ensured through provisions of Constitutions, establishing separation of powers rules - (6) Section 8, clause 18 - (7) Right to freedom, petitions and assembly, to bear arms, rights in criminal and civil cases etc. (all those listed in first Ten Amendments). No, rights, listed ...

Introduction

The United States of America has a record of declaring war on certain issues and countries, given specific circumstances and its declaration of war on terror is just one of them. As much as some of these wars declared in the past were well criticized in certain quarters, the war the US declared on terrorism is one that is well agreed with by the vast majority of citizens. The reasons for this is very obvious; terrorism is an act no state will ever wish it experiences due to the number of innocent lives that gets wasted, thereby robbing the state ...

Habeas Corpus, Explained

According to Fallon and Meltzer (2007), the writ of habeas corpus serves as a protection against unlawfully made arrests. The US Constitution states that it “shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it” (U.S. Const. art. I, § 9). Therefore, habeas corpus serves as a remedy against unwarranted arrests stated under the US Constitution and it shares relevant connections to other constitutional civil rights protections. The use of habeas corpus is highly relevant to other civil rights such as fair trial and due process. ...

ABSTRACT

The United States was founded on the principle that all persons had natural rights to life, liberty and property, which is to say that the Framers of the Constitution accepted the theories of John Locke rather than Thomas Hobbes. Government did not simply exist to maintain law and order and keep the masses under control, but to preserve, defend and guarantee the rights of the people. By popular demand in the 1780s, the Bill of Rights was also added to the Constitution, which stated expressly which rights were guaranteed to the people and what the exact limits of government ...

The Guantanamo Bay detention camp also known as G-bay or GITMO is a military interrogation and detainment facility that was established in 2002. Guantanamo bay detention camps are high security detainee camps which are run by the United States army. These camps were established to hold people deemed unlawful combatants. The areas of detainment consisted of three camps which were the camp Iguana, Camp Delta which included Camp Echo and lastly there was Camp X-ray. This detention camp is located in Cuba within the Guantanamo naval base. The Bush administration ruled out that the Guantanamo detainees are not entitled to ...

Individual liberties in the United States (U.S.) would be at a loss without the writ of habeas corpus as provided in the U.S. Constitution. Any American citizen who has experienced trouble with the law recognizes it and is granted this right to appear before a judge first and foremost above anything else. However, even non-citizens of the U.S. detained in the war on terror have been granted the right of habeas corpus as determined by the U.S. Supreme Court. As a result, some of the detainees released have gone on to plan more violence against the U.S. Therefore, the writ of habeas ...

Habeas corpus is originally a Latin word that means that any government prisoner is entitled should have the right to challenge incarceration terms before a judge in a court of law. It is a legal procedure giving the suspect an undeniable right. The person who happens to be restraining another individual’s liberty is subjected to explain to the court why he/she is doing so. Without satisfactory reason for the restraint, the person is released. The term was mostly used in England simply as a subpoena. It has a rich history in England since it even precedes Magna Carta in 1215. The kings used it ...

Introduction

Immigration law deals with the state administration policies which direct the occurrence of immigration to their nation. Illegal immigration is the movement into a country in contravention of the immigration laws of that authority. Illegal immigration brings about many economical, political, and social matters and has developed into a basis of chief controversy in the developed nations and the more flourishing developed countries (Proper, pg 203). This paper proposes to examine the U.S. Laws governing illegal immigrants and the need to be reformed.

The purpose of this proposal is to show an overview of my investigation of U.S. laws governing illegal ...