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Habeas Corpus And The War On Terror

1785 words - 7 pages

How can we justify the war on terrorism abroad when the war was brought to our door steps with very little remaining abroad but some small resistances? This may be a difficult question to answer but it is one that can be easily found through understanding of the criminal mind and the way the terrorists work. The main objective here is to show how 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 are found guilty of treason or terrorist actions against the United States and it is enacted by the president when the necessity arises (Habeas Corpus Act of 1863. (2009). Given that this is a mandate from the president himself courts as well as judges who have issued a writ must suspend it until the president has resumed the use of habeas corpus.
The habeas Corpus is a tradition that celebrates as liberties ultimately safeguard (Fallon Jr., R. H. (2010). Liberty when referring to imprisonment without judicial hearing is the reason why habeas corpus is enacted on behalf of the prisoner or by the prisoner itself. The ones being denied this right at this moment are the “enemy combatants” or “illegal combatants” who have been imprisoned without a hearing due to their alleged crimes. This is a country with many laws and civil liberties along with implied liberties based on the constitution and the bill of rights.
The reason why this is such an important subject is because as of April 2012, 169 remained in detention at Gitmo (Sutton, 2012). The reason they are still in prison is because congress said it would not spend another dime to get them to where they need to be. Now how do we go about suspending or revoking the suspension of habeas corpus. Our founding fathers thought of that as well so it is stated in the constitution how it shall be suspended or revoked and this is done when the threat is over and there is no need to capture enemy combatants or illegal combatants.
Habeas Corpus is a Latin phrase meaning “You have the body” this may sound a little odd but it just means that we have a liberty and we have the right to a fair trial and we are to be presumed innocent until proven guilty by a court of law and juries of my peer. This is the oldest right we have in the Anglo-Saxon law. Interestingly enough, the violation of the writ of Habeas Corpus has not been the most severe of the civil liberties granted to not only Americans but many other countries. The use and misuse of this liberty is something that can be abused both by the good guys and the bad ones as well. By using this as a bad guy who has not yet been...

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