Civil Liberties, Habeas Corpus, and the War on Terror

1. Civil Liberties, Habeas Corpus, and the War on Terror This presentation has been prepared by: http://paywritingonline.com/ Visit us for more.

2. Civil Liberties, Habeas Corpus, and the War on Terror • During theBush administration, many war prisoners were captured in Afghanistan but it took caution in interrogating them. They were held at Guantanamo Bay, a land leased to the US by Cuba. The plan of the government was to prevent the application of Habeas Corpus that would see the prisoners gain temporary freedom. This action was later appealed, and the prisoners obtained a writ of Habeas Corpus. Visit http://paywritingonline.com/ for more customized academic papers

3. Civil Liberties, Habeas Corpus, and the War on Terror The action begged the meaning of civil liberty and the relevance of Habeas Corpus if there was another opportunity. It also raises questions on the role of the president, Congress, and the Judiciary in civil liberties in the event of war. This paper argues that the executive and the Judiciary are essential in civil liberties, but one ought not to outdo the other. Visit http://paywritingonline.com/ for more customized academic papers

4. Civil Liberties, Habeas Corpus, and the War on Terror History of Habeas Corpus • Habeas Corpus implies a legal precedent, which holds that a prisoner ought not to be held in the police custody without a reason. The term applies to a writ of Habeas Corpus, which is a written directive or request to the custodian of the arrested victim. • The custodian could be a prisoner official, sheriff, or police, and a written request requires the custodian of the accused victim to bring him/her to court. Visit http://paywritingonline.com/ for more customized academic papers

5. Civil Liberties, Habeas Corpus, and the War on Terror • The writ challenges the custodian to bring evidence that warrants the detention of the accused. The writ is not an inquiry into the evidence of detention, but rather a challenge to the legality of detaining the accused (Ford, 2011, p. 725). • Upon examining the reasons for detaining the accused person, the court can either remand or release the accused based on the strength of evidence. Visit http://paywritingonline.com/ for more customized academic papers

6. Civil Liberties, Habeas Corpus, and the War on Terror • Habeas Corpus is a tool for controlling the executive powers of the government in wrongful or forceful detention of prisoners. It has its origin in the English common law in the 14th century. • In 1679, it became a statutory law in England when the US was under the colonial rule of the British. Therefore, the colonial courts in American issued the writ based on the common law. After independence, state governments continued to use the law in their jurisdictions. Visit http://paywritingonline.com/ for more customized academic papers

7. Civil Liberties, Habeas Corpus, and the War on Terror • The Constitution of the US did not make explicit provision for the writ. It only stated that the writ could not be suspended unless in the event the accused is deemed a threat to the public. • In 1789, the Judiciary Act came into place, whereby through the Act, the congress gave authority to the federal courts to issue the Habeas Corpus to criminals who were supposed to be tried in federal courts, as well as those who were being detained in federal facilities. Visit http://paywritingonline.com/ for more customized academic papers

8. Civil Liberties, Habeas Corpus, and the War on Terror Suspension of the Habeas Corpus • In 1807, it was realized that the federal courts had no power to send Habeas Corpus to the courts in the state or local courts. In 1822 and also in 1930, the court held that federal courts with no appellate jurisdiction on criminal cases were only required to issue the writ before the conviction of the prisoner (Ford, 2011, p. 726). • Before the civil war, the Habeas rights were extended to prisoners in state facilities by the congress in two ways: Visit http://paywritingonline.com/ for more customized academic papers

9. Civil Liberties, Habeas Corpus, and the War on Terror • In the first case, federal courts were authorized to grant the writ to state criminals convicted based on federal laws. • The second case was in 1842, whereby the congress gave the federal court the authority to issue a writ to foreign convicts in the state custody for actions the convicts performed on behalf of their governments. • Further amendments were made in 1871 when the fugitive Act was passed, and the amendments barred the state courts from freeing federal prisoners by issuing a writ (Ford, 2011, p. 727). Visit http://paywritingonline.com/ for more customized academic papers

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