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What Is The Privilege Of The Writ Of Habeas Corpus

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What Is The Privilege Of The Writ Of Habeas Corpus
Article I, Section 9 of the Constitution states, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." There has been ample scrutiny of law because of the operation of GITMO in past years. As citizens of the United States, were these people given their rights, or was this just a justified action of enemy combatant?
Habeas Corpus is a law, stated in the Constitution, which gives the right to any person arrested, to be tried for their crime. The must be brought before a judge and given a fair trial for the crime in which they were charged with. The writ of Habeas Corpus ensures that any person detaining or holding a fugitive, allows the fugitive to appear in court to determine if the prisoner’s detention is lawful. (expertlaw.com) …show more content…
Consequently, rather than interpreting habeas corpus as being an instrument in opposition to the divine right of kings to incarcerate people, English judges treated it as an extension of the king 's prerogative to demand "account for his subject who is restrained of his liberty." (Rohde, 2010) It was then introduced into the constitution in 1787 as the Fifth
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