A Writ of Habeas Corpus is an authoritative order forcing governments to provide the “body” of the detainee in which the legality of their detention and individual liberties will be challenged. Historically associated with civil liberty violation and the injustice of illegally detaining potentially enemies of the state, jurisdictional issues regarding their detaining location have made justice difficult to administer and deliver. Detaining enemies for their participation, involvement, and/or ties to threats of terror towards the United States will result the confinement of combatants, as solidified by the US Constitution, however, to what extent will they be forced to stay?. Residents of Guantanamo Bay are just; enemies of the state, accused individual that have been arrested and detain with minimal civil human rights to our jurisdictional due process that we American’s hold dear; with only a Writ of Habeas Corpus as their life line to legality and freedom. Although controversial in its conception and implementation by US presidential administration, judiciary members have cordially interpreted cases of questionable detention and the legality of doing so. It is truly unfortunate when individuals are tossed into confinement illegally with no help and/or the promise of their restorative freedoms (ACLU, 2014).
Evolution of Habeas Corpus
Habeas Corpus or the “Great Writ” is widely considered to the preemptive cornerstone our human civil liberties within the United States jurisdiction as it is deeply rooted within common laws of social ordinance. Habeas corpus was generally conceived by the English as early as 1215 and signed into law by King John during his short tenner, however, formally recognized in 1679. Commonly referred to as “The Great Charter”, The Magna Carta (Archives, 2014) establishes fundamental rights during times the early seventeen hundreds. Formidable English advocates such as Sir Edward Coke was said to utilize such common laws to place accountability upon the parliament, however, he is cordially recognized as one of the conventional authors which implemented liberties within the American colonies, giving birth to the current US Constitutional definition.
Although many people don’t realize it, US laws are the direct implications of English settlements within America; used in establishing order, equality, and liberty. English common laws transcended oceans and become standards and guidelines for creating liberty protection within the new lands, known as America. The U.S. Constitution, conceived and implemented provides the primary means of outlining the fundamental rights that are awarded to all Americans as well as those that are labeled “enemy combatants.” To substantiate the constitutionality of habeas corpus, detainee rights are clearly outlined and delineated by the first ten amendments known as the bill of rights (Feldmeier, 2009, pp. 11-12). One of the very first developing cases of habeas corpus involved the...