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Habeas Corpus And War On Terror

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Habeas Corpus And War On Terror
Habeas Corpus and War on Terror
Latisha Wilson
POL 201
Instructor Keith Carr
01/11/2015

The Habeas Corpus and the War on terror will continue to affect all Americans and those that wage war against America. The effect might not be equal for both but equal rights for all and the fair and speedy trails is there for all individuals. Having the Habeas Corpus in effect helps those that are enemies of America to a fair trial and it also gives America a chance to interrogate and try stop terror. The war on terror presents an erratic challenge for the United States though terrorists are captured and deprived of due process. Several situations between 2004 and 2008 have put a major effect on the Habeas Corpus rule. Habeas Corpus should be in affect because it helps protects all individual’s rights and the Constitution because everyone deserves a fair trial.
The word Habeas Corpus is a Latin meaning you should have the body. The right 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 to a specified place for a specified purpose. The right’s sole function is to release an individual from unlawful imprisonment; through this use it has come to be regarded as the great writ of liberty. If you can 't arrest someone for what you thing they are going to do. All people are and should be afforded this right. The right tests only whether a prisoner has been accorded due process, not whether he is guilty.
The historical evolution of Habeas Corpus born from the Magna Carta, known as the English bill of Rights began in England in the early 1200’s. Under power from English barons, King John of England placed his signature on the Magna Carta in 1215, in which comprised of a list of human rights and civil liberties. It asserted that the King needed consent from his legislative body to impose taxes upon its citizens. (Halliday 2011) notes that habeas corpus serves as a right and a


References: Boston Marathon Bombings - Facts & Summary - HISTORY.com Columbia Electronic Encyclopedia, 6th Edition. Jun2013.p1-1.1p) Levin-Waldman, O.M. (2012). American Government San Diego, CA: Bridgepoint Education Inc. Creighton Law Review. Apr2009 Vol 42 Issue 3, p447-486.40p. JFQ: Joint Force Quarterly (January 1, 2008). Winter2008, Issue 48, p 14-18. 5p Supreme Court Debates. Sep2004, Vol.7 Issue 6, p 188-192. 5p Sutton, J. (2012, April19). Two Guantanamo Uighur prisoners head to El Salvador. Chicago Tribune News. Halliday, P. (2011, March17). Habeas corpus: From England to Empire C-SPAN. (2010, March27). A&C: Supreme Court Justices Antonin Scalia & Stephen Breyer
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