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Writ of Habeas Corpus

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Writ of Habeas Corpus
WRIT OF HABEAUS CORPUS
POL201
Stephan Garcia
June 15, 2013
Barbara Jo Harris

INTRODUCTION I. Habeas Corpus
A. Historial Standpoint
B. Gitmo
C. How it works II. Civil Liberties A. Fighting for rights B. Historical perspective C. maintaining these rights
III. War on Terror A. Beginning B. U.S. objectives CONCLUSION

Habeas Corpus has been around for very many years. Although no one knows its exact origin it still dates back pretty far. Habeas Corpus has been seen as a good thing and a bad thing. It has been around for every war we have had. It has also been suspended by two of our presidents in the past. The story and history of Habeas Corpus is a very old one but it is also a very interesting one too. In this essay, I will examine the history of Habeas Corpus, the civil liberties and freedoms that are at issue and the war on terrorism currently being waged around the globe today. I will attempt to show how these three issues are entwined, and how our personal freedom is at stake, more than we realize.
A writ of habeas corpus is a legal action that requires a person under arrest to be brought before a judge or into court. The principle of habeas corpus ensures that a prisoner can be released from unlawful detention—that is, detention lacking sufficient cause or evidence. The remedy can be sought by the prisoner or by another person coming to the prisoner 's aid. Also known as the "great writ", it is a summons with the force of a court order; it is addressed to the custodian (a prison official for example) and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond his authority, then the prisoner must be released. Any prisoner, or another person acting on his or her behalf, may petition the court, or a judge, for a writ of habeas corpus.


References: Waldman-Levin, Oren (2012) American Government; Bridgepoint Education, Inc.; Retrieved from https://content.ashford.edu/books/AUPOL201.12.1 Oyez. (2008) Boumediene v. Bush, IIT Chicago-Kent College of Law. Retrieved from http://www.oyez.org/cases/2000-2009/2007/2007_06_1195 Wright, Anthony (1994) Citizens and Subjects ; Routledge, 1994 Bush, George W. (February, 2003) The White House; President Bush Releases National Strategy to Combat Terrorism Retrieved from http://georgewbush-whitehouse.archives.gov/news/releases/2003/02/20030214-7.html U.S. Senate: Legislation & Records (March, 2007) United States Senate Retrieved from http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=110&session=1&vote=00073
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