Habeas Corpus Research Paper
POL 201 Week 5 Final Paper Civil Liberties, Habeas Corpus, and the War on Terror
The final assignment for this course is a Final Paper. The purpose of the Final Paper is to give you an opportunity to apply much of what you have learned about American national government to an examination of civil liberties in the context of the war on terror. The Final Paper represents 20% of the overall course grade.
Write an essay about the right of habeas corpus in the context of the war on terror. Your essay should address the following subtopics:
The general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties. The historical evolution of habeas corpus, including its English …show more content…
"In the US system, federal courts can use the writ of habeas corpus to determine if a state 's detention of a prisoner is valid" (Cornell, Par. 1). This legislature is related to protection of civil liberties as it acts as a petition against the "state agent" who is responsible for holding the person in custody. "Usually, writs of habeas corpus are used to review the legality of the part 's arrest, imprisonment, or detention" (Par. 3). The habeas corpus petition, or writ, is meant to provide those in prison with rights to a fair analysis of their position. It challenges to state to ensure that the person is rightfully accused. It protects the civil liberties of the individual. "Today, habeas corpus is mainly used as a post-conviction remedy for state or federal prisoners who challenge the legality of the application of federal laws that were used in the judicial proceedings that resulted in their detentions" (Par. 5). It is an important aspect of the justice system because it gives prisoners a chance to challenge the system should they think there were any unfair …show more content…
there are instances throughout history where it was suspended. For example, President Bush signed a law in 2006 which would suspend it to persons "determined by the United States to be an enemy combatant in the Global War on terror" (Longley, Par. 1). This was an effort to reduce terrorism and create trial methods for those identified as terrorists. At the time, this was a controversial law because many believed that even a domestic terrorist should have civil liberties. Abraham Lincoln also suspended habeas corpus during a time of war to reduce terrorism. This is a very controversial topic today as many believe that terrorists should have a right to a fair trial. Others, however, believe that because the individual has been declared an enemy to the state, they no longer have the same civil liberties as others. This is often a dangerous road because it is hard to determine whether someone is fully an "enemy combatant" to the state or the global war on terror. Bush 's decision was especially controversial because it did not identify exactly who would be responsible for determining whether the individual is an enemy combatant. The law seemed too vague to be considered
The final assignment for this course is a Final Paper. The purpose of the Final Paper is to give you an opportunity to apply much of what you have learned about American national government to an examination of civil liberties in the context of the war on terror. The Final Paper represents 20% of the overall course grade.
Write an essay about the right of habeas corpus in the context of the war on terror. Your essay should address the following subtopics:
The general meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties. The historical evolution of habeas corpus, including its English …show more content…
"In the US system, federal courts can use the writ of habeas corpus to determine if a state 's detention of a prisoner is valid" (Cornell, Par. 1). This legislature is related to protection of civil liberties as it acts as a petition against the "state agent" who is responsible for holding the person in custody. "Usually, writs of habeas corpus are used to review the legality of the part 's arrest, imprisonment, or detention" (Par. 3). The habeas corpus petition, or writ, is meant to provide those in prison with rights to a fair analysis of their position. It challenges to state to ensure that the person is rightfully accused. It protects the civil liberties of the individual. "Today, habeas corpus is mainly used as a post-conviction remedy for state or federal prisoners who challenge the legality of the application of federal laws that were used in the judicial proceedings that resulted in their detentions" (Par. 5). It is an important aspect of the justice system because it gives prisoners a chance to challenge the system should they think there were any unfair …show more content…
there are instances throughout history where it was suspended. For example, President Bush signed a law in 2006 which would suspend it to persons "determined by the United States to be an enemy combatant in the Global War on terror" (Longley, Par. 1). This was an effort to reduce terrorism and create trial methods for those identified as terrorists. At the time, this was a controversial law because many believed that even a domestic terrorist should have civil liberties. Abraham Lincoln also suspended habeas corpus during a time of war to reduce terrorism. This is a very controversial topic today as many believe that terrorists should have a right to a fair trial. Others, however, believe that because the individual has been declared an enemy to the state, they no longer have the same civil liberties as others. This is often a dangerous road because it is hard to determine whether someone is fully an "enemy combatant" to the state or the global war on terror. Bush 's decision was especially controversial because it did not identify exactly who would be responsible for determining whether the individual is an enemy combatant. The law seemed too vague to be considered