The Habeas Corpus Law in the US - 1416 Words

Habeas Corpus U.S. Introduction Many may not know this but following his inauguration, President Obama did put in some orders to basically just shut down the U.S. prison at Guantanamo Bay within one year. However, about two years later, nevertheless, Obamas plan to close Guantanamo is in disasters. In excess of 180 prisoners that still remain at Guantanamo, and new legislation is making it tremendously problematic to transfer extra prisoners from the naval base. Defense Secretary Robert Gates lately named the forecasts for conclusion very, very low, and the management is trying to press forward with new military command trials that are at the base. In a lot of different ways, the United States is actually further from closing Guantanamo now than it was after Obamas inauguration. However, if we go back to the Bush years, we will discover that actually right after the U.S. attack of Afghanistan in 2001, the Bush administration had started developing a plan for holding and questioning apprehended prisoners. Most of th ese prisoners were then sent to a prison that was inside a U.S. naval base at Guantanamo Bay, which happened to be on land that had been rented from the supervision of Cuba. Ever since 2002, over 800 men were held as prisoners at GITMO. A Most have been let go deprived of charges or revolved to other administrations. In 2011, Congress exactly forbade the spending of reserves to transfer GITMO detainees to imprisonment amenities which are in the mainlandShow MoreRelatedHabeas Corpus and the War on Terror Essay1307 Words   |  6 Pageshow the war is going and how the terrorists were classified as such. I will also be providing information on Habeas Corpus both past and present as well as what it means both in English and American traditions. Furthermore the way everything will be written will answer very specific questions asked and I shall answer them. The first portion of the essay is about the history of habeas corpus and how it came to be. This is an act that originated back in 1863 to suspend the right to trial if you areRead MoreThe Right Of Habeas Corpus1531 Words   |  7 PagesWhich brings me to the issue of habeas corpus, and the rights or civil liberties of detainees who have been deemed enemy combatants. To understand the right of habeas corpus in the context of the war on terror, you must first understand the historical evolution of habeas corpus, including its English and American traditions,examine times in U.S. history when habeas corpus was suspended and their applicability to the present, closely analyze the relevance of habeas corpus to the contemporary U.S. situationRead MoreThe Rights Of Habeas Corpus956 Words   |  4 PagesThe president’s executive order 456 that called for the suspension of the writ of habeas corpus amid intense political instability was necessary. In order to give legal advice wi th substance to Her Excellency President Dove, the counsel remained very objective and impartial on her actions within the period of time the civil war lasted. The counsel is reviewing Madame Dove’s actions on three folds, 1, is her action to wage war constitutional? 2, is her action violate the constitution check and balancesRead MoreHabeas Corpus And The War On Terror1072 Words   |  5 PagesTo understand Habeas Corpus and how it has played its part in the war on terror, a look at what it is and how it started should be looked at. Habeas Corpus, (â€Å"you should have the body†), is an old legal procedure that protects against unlawful and indefinite imprisonment. It is issued by a judge and does not determine whether the individual is guilty or innocent, but whether they are illegally imprisoned. If the charges are considered valid, the individual will go to trial, if not, the personRead MoreHow Should We Treat Non American Prisoners1274 Words   |  6 Pages larger group. How does this loss of personal rights reflect on our country and the fundamentals it was founded on? Habeas corpus refers to the right to get direct access to federal court to challenge ones imprisonment. Hawke, Anne. (2007, June 29) The detainees at Guantanamo do not have access to law books, lawyers or courts. Roughly 45 men at Guantanamo Bay have filed writs of habeas corpus. At first the courts refused to review the information then changed their minds and decided it needed to be reviewedRead MoreHabeas Corpus Essay1566 Words   |  7 PagesHABEAS CORPUS TERESA WATSON AMERICAN NATIONAL HISTORY PROFESSOR BRENT SCHINDLER FEBUARY 4, 2013 Habeas Corpus in its most familiar form has played an important role in â€Å"Anglo American history as a safe guard of individual liberty. It is defined as being a writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time and a specified place for a specified purpose. In contemporary practice, the writRead MoreThe United States1941 Words   |  8 Pageswill in changing this situation. In the United States, habeas corpus became a legal act after the country established its independence. The request for the issuance of a writ of habeas corpus is made before a judge and, if granted, a prisoner must be brought before the judge. For instance, it is known that Abraham Lincoln detained people known for being Confederate spies without proving their guilt. The concept of the writ of habeas corpus will be a bridge between the study of the ConstitutionalRead MoreCivil Liberties, Habeas Corpus, and the War on Terror Essay1860 Words   |  8 PagesLiberties, Habeas Corpus, and the War on Terror Jennifer Proctor POL201: American National Government Instructor: Luke Martin 10/29/12 Habeas Corpus has been around for very many years. Although no one knows its exact origin it still dates back pretty far. Habeas Corpus has been seen as a good thing and a bad thing. It has been around for every war we have had. It has also been suspended by two of our presidents in the past. The story and history of Habeas Corpus is a veryRead MoreShould Civil Liberties Be Restricted During Times of War1571 Words   |  7 Pagesmost basic freedoms and liberties. Perfect balancing of these restrictions is vital to the countries wellbeing. One of the most well-known examples of this type of restraint is Abraham Lincoln’s precedent of suspending the writ of Habeas Corpus and issuing martial law. Lincoln’s actions clearly violated the rights of the people that are guaranteed to them under the Constitution. While out of context it wouldn’t make much sense, the specific circumstance’s Abraham Lincoln was facing completely justifiedRead MoreHabeas Corpus : His torical Background3278 Words   |  14 PagesSuspension of Habeas Corpus: Historical Background The government has often engaged in the suspension of habeas corpus in times of wars and insurrections. This practice is by no means new, and goes back as far as the Civil War. An analysis of this practice shows that it is, at best, a short term measure. In the recent past, the US Supreme Court took up this topic in the context of the war on terrorism, and their findings-and the analysis that support those findings-reinforces this position. Habeas corpus