Civil Liberties, Habeas Corpus, and the War on Terror

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RUNNINGHEAD: CIVIL 1

Civil Liberties, Habeas Corpus, and the War on Terror Pol 201 American National Government Instructor: Gregory Di Cerbo September 20, 2012

Civil Liberties, Habeas Corpus, and the War on Terror 2

Since September 11, 2001, and the United States invaded Afghanistan there has been many questions about the United States allowing the people they picked up during their sweep of suspicious groups and holding those people for questioning and interrogation. The prisoners were sent to a place called Guantanamo Bay. Some of the people imprisoned in this facility have been incarcerated since 2002. The lack of Congress’s concern to transfer the remaining prisoners to facilities located in areas that they would be able to have a fair trial has almost been impossible. These people are still sitting at “GITMO” waiting in detention for their day in court. So is it fair that these 169 people sit in limbo all these years caught in red tape?

The first thing we need to establish is what do we consider habeas corpus. Habeas corpus is holding another person in custody at a particular time at a particular place for a certain purpose. Habeas Corpus is designed to release a person from imprisonment if they have been given due process of the law. We use it today to appeal state convictions to the federal courts when a person who has been convicted of a crime feels his constitutional rights were violated on the state level. The prisoner must try all other means possible before they can apply to the federal courts for Habeas Corpus. The Constitution...
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