Habeas Corpus and the War on Terror
Habeas Corpus and the War on Terror
Nirvani McKinney
POL 201 American National Government
13th August, 2012
Instructor: Teri Kuffel
The history of Habeas Corpus and the war on Terror
In this paper I will be diving in to the history of Habeas Corpus and how it has evolved over the years. I will briefly explain the origination of the habeas corpus, the role it plays in U.S.A and what current action is being taken about it. I will be also looking in to the Bush administration and the way they dealt with habeas corpus.
The original purpose of habeas corpus "was to bring people into court rather than out of imprisonment" and by the year 1230, the writ 's utility for that purpose was a well-known aspect of English common law. Known as "the Great Writ," its codification into English law came by way of Parliament in the Habeas Corpus Act of 1641, created in response to the King of England 's actions during what is now referred to as Darnell 's Case. In Darnell, five English noblemen were thrown "into the castle 's dungeon deep" for failure to support their country 's dual wars against France and Spain. The men filed suit, requesting the King provide an explanation as to their imprisonment. King Charles refused, on review; the court upheld the monarchy 's steadfast silence, stating that the law did not require the King to provide any justification for their detention. The public outcry against this decision was deafening, prompting Parliamentary action the following year. Parliament expanded habeas rights several years later with the Habeas Corpus Act of 1679, additionally requiring "charges to be brought within a specific time period for anyone detained for criminal acts." By 1765, habeas corpus was firmly imbedded within the foundation of English law, as noted by William Blackstone, who described the Great Writ as "a second magna carta, a stable bulwark of our liberties." This fundamental English right successfully traversed the Atlantic Ocean when our founders
Nirvani McKinney
POL 201 American National Government
13th August, 2012
Instructor: Teri Kuffel
The history of Habeas Corpus and the war on Terror
In this paper I will be diving in to the history of Habeas Corpus and how it has evolved over the years. I will briefly explain the origination of the habeas corpus, the role it plays in U.S.A and what current action is being taken about it. I will be also looking in to the Bush administration and the way they dealt with habeas corpus.
The original purpose of habeas corpus "was to bring people into court rather than out of imprisonment" and by the year 1230, the writ 's utility for that purpose was a well-known aspect of English common law. Known as "the Great Writ," its codification into English law came by way of Parliament in the Habeas Corpus Act of 1641, created in response to the King of England 's actions during what is now referred to as Darnell 's Case. In Darnell, five English noblemen were thrown "into the castle 's dungeon deep" for failure to support their country 's dual wars against France and Spain. The men filed suit, requesting the King provide an explanation as to their imprisonment. King Charles refused, on review; the court upheld the monarchy 's steadfast silence, stating that the law did not require the King to provide any justification for their detention. The public outcry against this decision was deafening, prompting Parliamentary action the following year. Parliament expanded habeas rights several years later with the Habeas Corpus Act of 1679, additionally requiring "charges to be brought within a specific time period for anyone detained for criminal acts." By 1765, habeas corpus was firmly imbedded within the foundation of English law, as noted by William Blackstone, who described the Great Writ as "a second magna carta, a stable bulwark of our liberties." This fundamental English right successfully traversed the Atlantic Ocean when our founders
References: Anderson, K. (2006). Law and terror. Policy Review, (139), 3-24. Retrieved from http://search.proquest.com/docview/216453983?accountid=32521 JACKSON, A. L. (2010). HABEAS CORPUS IN THE GLOBAL WAR ON TERROR: AN AMERICAN DRAMA. Air Force Law Review, 65263-288. obban, M., & Halliday, P. D. (2011). Habeas corpus: From england to empire. International Journal of Law in Context, 7(2), 257-269. doi: 10.1017/S1744552311000085 Pond, B. C. (2009). Boumediene v. bush: Habeas corpus, exhaustion, and the special circumstances exception. Brigham Young University Law Review, 2009(6), 1907-1933. Retrieved from http://search.proquest.com/docview/194363601?accountid=32521 Robertson.J. (2002). Habeas corpus the most extraordinary writ. Center for the Preservation of Habeas corpus, Retrieved from: http://www.habeascorpus.net/asp/ Staab, J. B. (2008). The war on terror 's impact on habeas corpus: The constitutionality of the military commissions act of 2006. Journal of the Institute of Justice and International Studies, (8), 280-297. Retrieved from http://search.proquest.com/docview/213962970?accountid=32521