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Habeas Corpus/Patriot Act
Habeas Corpus: Relevance and Controversies
In basic terms, habeas corpus seeks to offer a detainee a chance to question or challenge the legality or validity of his or her detention. Given that the writ utilizes a fresh lawsuit (civil) to attack a judgment, it is regarded a "collateral attack." To begin with, there are those who see the writ as an obstruction to justice given its general view that the accuracy of a conviction is enhanced by more judicial review. In this case, there are concerns that unnecessary costs may be occasioned by excessive review. Further, it is important to note that offenders in this case may end up loosing especially if the results of subsequent trials end up being worse. The sense of finality may also be jeopardized by the writ.
The habeas corpus law has particularly come under the spot light in the past with detainees held at Guantanamo Bay invoking the writ in an attempt to challenge the legality of...
In this case, the writ has largely permitted judges to utilize the lowest proof standard to weigh the validity of detention. However, regardless of the controversies surrounding the writ, the relevance of the habeas corpus law cannot be overstated. The law essentially aids justice by seeking to ensure that individuals are not detained arbitrarily. The law also provides a useful avenue for prisoners to challenge their detention by way of questioning the legality or validity of laws utilized in the judicial proceedings.
Part 2
Issues Relating to the Patriot Act and the War on Terrorism
Should the rights and liberties of individuals be outweighed by the need to protect the United States of America from acts of terror? This question does not have a clear cut answer. This is more so the case given the need to protect the nation in the wake of terrorist threats and the need to respect individual rights and liberties as provided for…
It is, in one sense, a give and take relationship, but underlying it are the philosophies of Rousseau and Smith, in spite of the fact that both are full of contradictions. Rousseau, for example, states that man's "first law is to provide for his own preservation, his first cares are those which he owes to himself; and, as soon as he reaches years of discretion, he is the sole
" According to the American Civil Liberties Union (ACLU). A "national security letter" (NSL) is basically a written demand by the FBI or other federal law enforcement agencies for a group or organization to turn over records or data or documents, with no warrant attached to the demand. They are given out without probably cause or any justice-related back-up, and have been used extensively since the Patriot Act; they are
Patriot Act The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act was passed soon after September 11. The groundbreaking legislation, which has caused tremendous controversy and outcry among civil rights activists, has become one of the most important pieces of legislation passed in Congress in recent American history. The U.S.A. Patriot Act contains previsions included in previous anti-terrorist bills, including one
Patriot Act On September 11, 2001, after the terrorist attacks occurred, a contentious piece of legislation was adopted and passed called the U.S.A. Patriot Act. Research shows that the title for this bill is an abbreviation for what is recognized as "the United and Strengthening America by Giving Appropriate Tools Required to Interrupt and Obstruct Terrorism Act" (Dolar). Years later since the Patriot Act was passed, there has been much debate
Patriot Act After the attacks on September 11, 2001, the government passed legislation designed to protect the country. Included amongst these was the Patriot Act which has become the center of debate by parties who are either in favor of or against the legislation. There are many provisions to this act and the ones that are most debated include: reducing certain limits on law enforcement, giving additional powers to the
U.S.A. PATRIOT Act Remain in Effect in Its Present Form? For more than 200 years, the level of civil liberties afforded American citizens has waxed and waned according to the perceived level of threats arrayed against the nation's interests, with the most recent example of curtailment being the U.S.A. PATRIOT Act which was enacted hard on the heels of the terrorist attacks of September 11, 2001. Despite the guarantees contained