References: Sloss‚ David L. (Oct 2004)‚ The American Journal of International Law‚ Rasul v. Bush D.‚ (Oct 1861)‚ Writ of Habeas Corpus‚ The American Law Register (1852-1891) Vol. 9: No 1 Hardin‚ Russell‚ (2004)‚ Civil Liberties in the Era of Mass Terrorism‚ The Journal of Ethics Vol. 8 No1‚ Terrorism Levin-Waldman‚ O. (2012)‚ American Government
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POL201: American National Government theory on Habeas Corpus Habeas Corpus is from Latin language that means "you have the body". (Lectlaw 1995) It is the name of a legal action or writ by means of which detainees or prisoners can seek relief from. (Levin-Waldman‚ 2012). This simply means that a person that is accused of a crime has the right to know what the charges are made against them. Habeas Corpus is clearly represented in the United States Constitution in the
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prison warden to show because why the official is holding a person in custody. * Find a case that dealt with a writ of habeas corpus‚ briefly relate the facts of the case‚ and explain how a writ of habeas corpus was an issue in the case. Mugnano v. Painter This case is an appeal by Andrew Mugnano‚ who is incarcerated in a State Penitentiary for first degree murder and for malicious wounding‚ from a decision of the Circuit Court of Greenbrier County denying him habeas corpus relief. The appellant
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http://billofrightsinstitute.org/resources/educator-resources/americapedia/americapedia-constitution-text/habeas-corpus/ III. Foley‚ B.J. (2007). GUANTANAMO AND BEYOND: DANGERS OF RIGGING THE IV. RULES. Journal of Criminal Law & Criminology‚ 97(4)‚ 1009-1069. V. GREGORY‚ A. (2011). "The Tissue of the Structure" Habeas Corpus and the Great Writ ’s Paradox of Power and Liberty. Independent Review‚ 16(1)‚ 53-91. VI. Habeas corpus. (2013). Columbia Electronic Encyclopedia‚ 6th Edition‚ 1. VII. Habeas corpus in
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enemy combatants or illegal combatants. Explain the U.S. Supreme Court’s interpretation of the right of habeas corpus with respect to enemy combatants or illegal combatants (i.e.‚ the views of the five justices making up the majority in Boumediene v. Bush as well as the views of the four dissenting justices). Evaluate a minimum of four perspectives on this topic expressed by justices of the Supreme Court‚ leaders in other branches of government‚ and commentators in both the academic and popular
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Habeas Corpus is known as the Great Writ because it ensures that a person detained by the government is entitled to a judicial hearing to determine if there is any legal basis for their detention. The modern form of Habeas Corpus has evolved over the years‚ from it beginnings in England‚ to its addition to the US constitution. While Habeas Corpus pertains to every citizen that is tried in a US court‚ there is an argument as to weather habeas also applies to alien prisoners that are being held by
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Habeas Corpus and the War on Terror The law of Habeas Corpus was created to permit the guilty to present their case in court and to be tried fairly. In today ’s war on terror‚ the amount of such enemy combatants who were detained indefinitely without any trial has raised. The courts are split up on following the law by the letter or to practically change it according to the situation ’s needs. I feel it ’s necessary to follow these laws in the same context in which they were written‚ and
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Harpo Productions. Retrieved from Harpo Productions‚ Inc.: http://www.oprah.com/omagazine/Oprah-Interviews-Robert-Kennedy-Jr/3 Kemp‚ P Levin-Waldman‚ O. (2012). American Government. San Diego‚ CA: Bridgepoint Education‚ Inc. Oyez. (2008). Boumediene v. Bush. ITT Chicago-Kent College of Law.. Retrieved from http://www.oyez.org/cases/2000-2009/2007/2007_06_1195 Savage‚ D Starrs‚ E. (2007‚ April 29). Protect habeas corpus. Denver Post. Retrieved from http://search.proquest.com/docview/410841843?accountid=32521
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The War on Terror Pashley Sims POL 201 Nicole Reale 7/13/2013 The War on Terror During times of war the role of the president’s is responsible for martial law. The military plays a role in the martial law because it is too make sure everything is governed correctly. Habeas Corpus is established so that a person can know what their charge is. However‚ if the defendant claim is denied the Supreme Court will take control over the trial. The United States has being the target of several terror
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Padilla was arrested and held under a material witness warrant at the airport. He was arrested on suspicion of plotting to detonate a dirty bomb in the Unites States but he was never charged in relation to these suspicions. Before the ruling on the validity of holding Padilla under the material witness warrant was issued‚ President George Bush made an order to detain Padilla as an enemy combatant. The president’s order was justified by public law 107-40‚ which authorizes the detention of an American
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