Habeas Corpus Research Paper
Week 5 – Final Paper
Tyrell S. Gordon
POL 201 American National Government
Instructor: Teresa Knox
2/15/2015
According to the US Constitution, the right of habeas corpus refers to a basic right granted to Americans. The Constitution facilitates this right, also referred to as a writ, through judicial mandate allowing a prisoner the right to appear before a court to ascertain whether the prisoner should be detained further (Ferguson, 2004). The Constitution allows either the prisoner of their representative to petition the court for a writ. In essence, the right of habeas corpus deters the executive from wantonly throwing people in jail since the writ means a person has the right to be heard by either a judge or magistrate …show more content…
Article I, Section 9 of the US Constitution asserted the conditions for the denial of habeas corpus to an individual. In the US, the habeas corpus legislation does not work in solitude but rather it is affirmed by the Bill of Rights and 14th Amendment that stipulate citizen’s rights and freedom in an explicit manner. Federal habeas review, in the US, only extended to prisoners in state custody after nearly a century after the nation attained independence. Throughout the Civil War and Reconstruction, and later during the War on Terrorism, persons accused of acts against public safety were denied the writ of habeas corpus. In order to ensure state courts also enforced federal law with regard to habeas corpus, a Reconstruction Act was extended the capacity of the federal court habeas corpus to review cases of state prisoners (Wert, 2011). This move expanded the writ essentially to all prisoners on American soil. The subsequent federal habeas corpus statute has substantial amendments and is currently at 28 U.S.C. § …show more content…
Following the 9/11 incident, President Bush established a military order for the imprisonment, management and judgment of noncitizens in the war against terrorism. President Bush’s law contravened some of the most critical national and international human rights acts such as military Courts Martial and the Uniform Code of Military Justice and the Geneva Conventions. Furthermore, the military order denied detainees the right to a speedy trial and habeas corpus. Although the Supreme Court found this move was unconstitutional, it exemplifies the current scenario, in the US, with regard to persons termed as enemy combatants or illegal combatants. Habeas corpus is quite relevant in the current war against terror since it provides a basis for the denial of persons involved in terrorist activities or those facilitating such activities, especially on American soil (Wert,
Tyrell S. Gordon
POL 201 American National Government
Instructor: Teresa Knox
2/15/2015
According to the US Constitution, the right of habeas corpus refers to a basic right granted to Americans. The Constitution facilitates this right, also referred to as a writ, through judicial mandate allowing a prisoner the right to appear before a court to ascertain whether the prisoner should be detained further (Ferguson, 2004). The Constitution allows either the prisoner of their representative to petition the court for a writ. In essence, the right of habeas corpus deters the executive from wantonly throwing people in jail since the writ means a person has the right to be heard by either a judge or magistrate …show more content…
Article I, Section 9 of the US Constitution asserted the conditions for the denial of habeas corpus to an individual. In the US, the habeas corpus legislation does not work in solitude but rather it is affirmed by the Bill of Rights and 14th Amendment that stipulate citizen’s rights and freedom in an explicit manner. Federal habeas review, in the US, only extended to prisoners in state custody after nearly a century after the nation attained independence. Throughout the Civil War and Reconstruction, and later during the War on Terrorism, persons accused of acts against public safety were denied the writ of habeas corpus. In order to ensure state courts also enforced federal law with regard to habeas corpus, a Reconstruction Act was extended the capacity of the federal court habeas corpus to review cases of state prisoners (Wert, 2011). This move expanded the writ essentially to all prisoners on American soil. The subsequent federal habeas corpus statute has substantial amendments and is currently at 28 U.S.C. § …show more content…
Following the 9/11 incident, President Bush established a military order for the imprisonment, management and judgment of noncitizens in the war against terrorism. President Bush’s law contravened some of the most critical national and international human rights acts such as military Courts Martial and the Uniform Code of Military Justice and the Geneva Conventions. Furthermore, the military order denied detainees the right to a speedy trial and habeas corpus. Although the Supreme Court found this move was unconstitutional, it exemplifies the current scenario, in the US, with regard to persons termed as enemy combatants or illegal combatants. Habeas corpus is quite relevant in the current war against terror since it provides a basis for the denial of persons involved in terrorist activities or those facilitating such activities, especially on American soil (Wert,