POL 201: American National Government
March 30, 2013
While some people believe the writ of habeas corpus does not protect American prisoners being held on foreign soil that is being leased by the United States they do believe it does help many prisoners. It has helped fee many prisoners, including the granting of Rubin "Hurricane" Carter 's habeas petition in 1985 freed him from almost 20 years of imprisonment and it keeps innocent prisoners from being unlawfully detained for long periods of time. In this paper I will show that habeas corpus does protect prisoners from being unlawfully detained, whether they are on foreign soil or not.
Habeas corpus is a term that “represents an important right granted to individuals in America. Basically, a writ of habeas corpus is a judicial mandate requiring that a prisoner be brought before the court to determine whether the government has the right to continue detaining them. The individual being held or their representative can petition the court for such a writ” (Kelly, 2012). Article one of the U.S. Constitution states that the right habeas corpus can only be suspended in cases of invasion because the public safety may require it or a rebellion. Habeas corpus precedes Magna Carta in 1215 and is predominately of Anglo-Saxon common law origin. In fact, the Magna Carta indirectly mentions Habeas Corpus as the unwritten common law of the land and is specifically recognized by Magna Carta. From Magna Carta the exact quote is: “...no free man shall be taken or imprisoned or exiled or in any way destroyed except by the lawful judgment of their peers or by the law of the land. At the time of Magna Carta, the right of a prisoner to file a habeas corpus petition with the court was settled practice and the law of the land. Originally Habeas corpus “was the prerogative writ of the King and his courts, the passage of hundreds of years time has permitted it to evolve
References: Greenhouse, L. (2008, June 13). Justices, 5-4, back detainee appeals for guantánamo. . Retrieved from http://www.nytimes.com/2008/06/13/washington/13scotus.html? Kelly, M. (2012). About.com. Retrieved from http://americanhistory.about.com/od/americanhistoryterms/g/d_habeascorpus.htm Kent, A. (2008, June 20). Supreme court holds that noncitizens detained at guantanamo have a constitutional right to habeas corpus review by federal civilian courts. Retrieved from http://www.asil.org/insights080620.cfm Habeas corpus historical suspensions. (2007). Retrieved from http://www.restore-habeas.org/whip/?q=IA Longley, R. (2012). About.com. Retrieved from http://usgovinfo.about.com/od/historicdocuments/a/lincolnhabeas.htm Robertson, J. (2011). Habeas corpus the most extraordinary writ. Retrieved from http://www.habeascorpus.net/hcwrit.html Savage, D., Barnes, J. & Meyer, J. (2009, April 3). Terrorism and prisoners: U.s. judge rules some held in afghanistan can challenge detention. Retrieved from http://articles.chicagotribune.com/2009-04-03/news/0904020550_1_guantanamo-prison-long-term-prisoners-guantanamo-detainees