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Habeas Corpus and War on Terror
For many people in the United States, habeas corpus is the foundation stone of the country's legal system. The concept is the principal constitutional check on subjective government power by allowing an arrested individual to challenge the legitimacy of his/her detention. However, this foundation of the legal system has emerged more as a tool of politics as it is of law, especially with regards to the global war on terror. A writ of habeas corpus is defined as the demand by a court that a governmental agency produces an offender and show that they have proper grounds on which to detain him/her. Habeas corpus is commonly known as the Great Writ because it's the mechanism that is used to liberty as mentioned in the U.S. Declaration of Independence i.e. The right not to be detained arbitrarily.
Writ of Habeas Corpus in the U.S. Constitution:…
"Chapter 14 -- The Right to Habeas Corpus." (n.d.). Sunnylands. Retrieved September 19, 2012,
Chemerinsky, E. (n.d.). Thinking About Habeas Corpus. Retrieved September 19, 2012, from http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1667&context=faculty_scholarship
Clark, J. (n.d.). Why is Habeas Corpus Important? Retrieved September 19, 2012, from http://people.howstuffworks.com/habeas-corpus-important2.htm
In addition to being borrowed from a Latin word, Habeas Corpus is a term associated with an important right given to individuals in the United States. Generally, a writ of habeas corpus is a legal mandate that requires a prisoner to be presented before court to ascertain whether the government has the power to continue detaining him/her. In order for the writ to be applicable the detained individual or his/her representative needs to petition the court for such a writ. Based on Article One of the United States Constitution, the individual's right to this writ can only be suspended in some cases like the invasion of public safety or rebellion. Notably, the writ of habeas corpus can also be applied in the protection of civil rights and war on terror. Actually, this judicial mandate has continued to be applied in throughout the history of the United States.
Chemerinsky, E. (n.d.). Thinking About Habeas Corpus. Retrieved from Duke University School
of Law website: http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1667&context=faculty_scholarship
"Civil Liberties Notes." (n.d.). A Two-Year College of the University System of Georgia.
Retrieved from Bainbridge College website: http://fsweb.bainbridge.edu/jvanzo/Civil%20Liberties.pdf
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…
Thus, the CST was an ineffective "dummy" review tribunal that sought to reinforce the current status of detainees in the Guantanamo detention camp -- denied to have a review of their case, and denied of any right to be tried by a court for their case.
Another compelling argument that ultimately granted the petitioners to their right to exercise the writ of habeas corpus was the Supreme Court's recognition that the Bush Administration's "war on terror" has been a millennium-old conflict in human history -- a conflict between believers of Islam and Christianity. To suspend the writ of habeas corpus based on this kind of "war on terror" would be simply denying the detainees of their rights, as it would probably take centuries still for this "war" to end, if it will ever end at all. Thus, recognizing that the "war on terror" is a war that has been ongoing…
Gaffney, M. (2009). "Boumediene v. Bush: Legal realism and the war on terror." Harvard Civil Rights-Civil Liberties Law Review, Vol. 44.
Martinez, J. (2008). "Process and substance in the "war on terror." Columbia Law Review, Vol. 108, No. 5.
Terry, J. (2008). "Habeas corpus and the detention of enemy combatants in the war on terror." Joint Force Quarterly, Issue 48.
Waxman, M. (2009). "Guantanamo, habeas corpus, and standards of proof: viewing the law through multiple lenses." Columbia Public Law & Legal Theory Working Papers. Paper 9173.
habeas corpus U.S. Constitution relationship protection civil liberties. 2-The historical evolution habeas corpus, including English American traditions.
The writ of habeas corpus is one of the fundamental rights that a person detained is given. This writ of habeas corpus demands that a person detained by the authorities has the right to be brought before the court so that the basis for such detention can be established. A suspect irrespective of the criminal actions committed is considered innocent until proven guilty. The detainee has the obligation of justifying the reason for detention before a court of competent jurisdiction within a time specified. There are, however, times in which the power of habeas corpus can be suspended by parliament. This could, however result into the practical problem in which the authorities could indefinitely detain suspected criminals rather than bring charges against them. This paper is therefore determined at determining the rationale of…
Binney, H. (1865). The privilege of the writ of habeas corpus under the Constitution. Philadelphia: C. Sherman & Sons, printers.
Boumediene v. Bush, F. (2008). ProPublica has published a chart listing habeas challenges by Guantanamo detainees that have been decided by federal judges.
Department of Justice. (2009). Department of Justice Withdraws 'Enemy Combatant' Definition for Guantanamo Detainees Retrieved March 13, 2009, from http://www.usdoj.gov/opa/pr/2009/March/09-ag-232.html
Freidel, F.B. (1967). Union pamphlets of the Civil War, 1861-1865. Cambridge: Belknap Press of Harvard University Press.
Habeas Corpus / GWOT
The civil rights entailed by habeas corpus -- a Latin phrase meaning something like "let you have the body" -- ultimately find their origin in the Magna Carta, a document which was signed (somewhat reluctantly) by King John of England nearly eight hundred years ago, in 1215, and which placed basic limitations on the absolute rule of the monarch or sovereign over the representative government of Parliament. Parliament would gradually expand its own rights by legislation, and so the more direct origin of habeas corpus is the 1679 Habeas Corpus Act, whose formal title was "an Act for the better securing the liberty of the subject" (Chomsky 2012). The basic provision of the act was to allow remedy for those wrongfully or illegally imprisoned. Although the United States (unlike Great Britain) has a formal written Constitution containing enumerated rights, habeas corpus occupies a slightly odd position…
The legal term Harbeas Corpus is Latin for "you have the body." The term is an injunction that offers direction to law enforcement representatives who have custody of a detainee to appear in the court of law with the detainee to assist the judge to conclude whether the detainee is being held in prison in a lawful manner or not (Legal Dictionary).This court order is generally attained in the jurisdiction with regards to where the detainee is being held. An injunction of habeas corpus is basically the act of challenging or contesting the lawfulness of a detainee's incarceration and does not involve an investigation or probe into the detainee' sculpability or guiltlessness. Once the court that issues the court order examines and scrutinizes the why's and wherefores for confinement, it can then choose to discharge the detainee or incarcerate the inmate into custody.
Historical Evolution of Habeas corpus…
Constitution of the United States (1787).
Elsea, J.K., Garcia, M.J. (2010). Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court. Congressional Research Service.
Federal Judicial Center. (N.D.). History of the Federal Judiciary. Accessed from: http://www.fjc.gov/history/home.nsf/page/jurisdiction_habeas.html
Gaffney, M. (2009).Boumediene v. Bush: Legal Realism and the Waron Terror. Retrieved from: http://www.law.harvard.edu/students/orgs/crcl/vol44_1/197-212.pdf
Civil Liberties, Habeas Corpus, GWOT
The legal right known as "habeas corpus" is what protects a citizen from being suddenly seized and arrested for no reason, and locked up without trial. It is considered to be a foundation of the modern legal system, and without it there is no guarantee that arrest, imprisonment, or even capital punishment may not be practiced essentially on a whim. The right is officially enshrined in British law by the 1679 Habeas Corpus Act, and was considered to be so necessary a bedrock of the common law that the U.S. Constitution only refers to Habeas Corpus in order to specify the (exceptionally rare) circumstances in which the right may be revoked. The originally British law was entitled "an Act for the better securing the liberty of the subject" but essentially enshrined as legislation an earlier common law concept which used the Latin phrase in its…
Cole, David. "President Obama, Did You or Did You Not Kill Anwar Al-Awlaki?" The Washington Post. February 8, 2013. Accessed at http://www.washingtonpost.com/opinions/president-obama-did-or-did-you-not-kill-anwar-al-awlaki/2013/02/08/0347f4de-70c9-11e2-a050-b83a7b35c4b5_story.html
Kennedy, Anthony. Majority Opinion, Boumediene v. Bush. 553 U.S. 723 (2008).
MacPherson, James. Battle Cry of Freedom: The Civil War Era. New York: Oxford University Press, 1988.
Roberts, John. Dissent, Boumediene v. Bush. 553 U.S. 723 (2008).
history of Habeas Corpus. There are twelve references used for this paper.
There have been a number of laws that have survived the test of time and continue to influence the legal world. It is important to look at the history of Habeas Corpus and the role it plays in the law today.
The Start of Habeas Corpus
Habeas corpus was first introduced in England in 1215 when the Magna Carta was written. hen habeas corpus was first used, it had a limited range. Over time the scope expanded due to jurisdictional disputes between the superior courts and local courts of England.
Habeas corpus cum causa was the form of habeas corpus used by the courts which "compelled the sheriff to produce the prisoner who was the subject of the courts' jurisdictional dispute (Orye, law review)." series of crucial cases which began with the Case of the Five Knights and…
Dr. Mehler's Notes on Habeas Corpus. (accessed 12, October 2003). www.ferris.edu/htmls/academics/syllabi/mehlerbarry/geninfo/drmnot...).
Habeas Corpus Defined and Explained. (accessed 12 October, 2003) www.lectlaw.com/def/h001.htm).
Habeas Corpus Definition. (accessed 12 October, 2003). www.acorn.net/jfkplace/09/fp.back_issues/17th_Issue/h_corpus.html).
Hafetz, Jonathan L. The untold story of noncriminal habeas corpus and the 1996
" Despite the stated expansion, habeas protection continued to be applied only to cases in which the defendant alleged that the sentencing court lacked personal or subject matter jurisdiction. The Court extended the reach of federal habeas review during the later part of the nineteenth century, however, by changing the circumstances under which the lack of state court jurisdiction could be found. Even after this shift, federal habeas courts sat not as fact finders but as guarantors of fundamental constitutional rights. (Breuer, 1994)
In 1915, the Court dramatically increased the scope of habeas corpus in Frank v. Mangum, in which the Court held that habeas relief is available whenever the state, "supplying no corrective process,... deprives the accused of his life or liberty without due process of law." The Warren Court continued this shift toward increased availability of habeas corpus in the next phase of habeas litigation after World War…
Breuer, J.R. (1994). Habeas Corpus - Limited Review for Actual Innocence. Journal of Criminal Law and Criminology, 84(4), 943-974.
Hafetz, J.L. (1998). The Untold Story of Non-criminal Habeas Corpus and the 1996 Immigration Acts. Yale Law Journal, 107(8), 2509-2544.
Hammel, A. (2002). Diabolical Federalism: A Functional Critique and Proposed Reconstruction of Death Penalty Federal Habeas. American Criminal Law Review, 39(1), 1+.
Hoffstadt, B.M. (2000). How Congress Might Redesign a Leaner, Cleaner Writ of Habeas Corpus. Duke Law Journal, 49(4), 947.
Therefore, the claim asserted by espondents and sustained by the court below would, in practical effect, amount to a right not to be tried at all for an offense against the U.S. armed forces. 339 U.S. 763, 782 (1950).
The Court examined the issue of whether the military authorities had jurisdiction to try the offenders. It reasoned that military authorities have had a historical right, during and after hostilities, to punish those who have violated the laws of war, and this history predates the existence of the United States, and therefore, the existence of the Constitution. espondents' convictions were the result of a military commission exercising this historic right, and it was the military commission's sole ability to determine whether the laws of war applied to espondents and whether espondents had violated those laws. There is nothing in the Constitution giving the Court appellate jurisdiction over these types of military…
Johnson v. Eisentrager, 339 U.S. 763 (1950). Retrieved October 5, 2011 from Findlaw website:
Soon U.S. invasion Afghanistan 2001, Bush administration developed a plan holding interrogating prisoners
Niday, I.A. (2008). "The War against Terror as War against the Constitution." Canadian Review of American Studies, 38(1), 101-117.
There are a number of essential elements that make up the article written by Jackson A. Niday, "The War against Terror as War against the Constitution." The principle point of this article is to explore the question of whether or not the civil rights of Yaser Esam Hamdi, who was a United States and Saudia Arabian citizen detained at Guantanamo Bay during 2002 after being captured in Afghanistan in the initial stages of the War on Terror, were violated. While seeking to answer this question, the author examines the 2004 Supreme Court lawsuit Hamdi v. Rumsfield in which legal counsel on behalf of Hamdi alleged that his rights were violated as a U.S. citizen -- particularly his right…
One of the fundamental questions I have after thoroughly reading this article is a point that was made in the abstract and was not quite sufficiently explained in the rest of the body of the paper. Specifically, it has to do with the legal philosophy known as pragmatism. I do not understand what this concept is and could not find a sufficient explanation in the remainder of the paper. I would like to know why the author claims that pragmatism was forsaken for "judicial and constitutional coherency" (Niday, 2008, p. 101).
An examination of a number of sources regarding various facets of the domestic and foreign policy propagated by the U.S. government unequivocally reveals that there is a definite incongruence with the values of liberty and justice that is reserved for conventional U.S. citizens, and that which is reserved for people from other parts of the globe. Quite simply, many of the notions that the U.S. contends to champion and preserve for its own people, it directly violates for the citizens in other parts of the world.
Government Changes post-Revolution ar vs. post-Civil ar
Close examination of the reasons for and the results of the Revolutionary ar and the Civil ar forces me to disagree with McPherson's position that more radical change in government occurred due to the Civil ar than the Revolutionary ar. In order to understand how this is true, one must look at several issues, such as the causes of each of the wars, the purposes and intentions, and the ultimate results.
The Revolutionary ar was based on the struggle to become independent from Great Britain and this struggle began due to a series of taxes forced upon the citizens. So "taxation without representation" was the initial call to arms however, it grew to include other freedoms as well.
The Civil ar was utterly a different process of situation. hile claims by the South of freedom it was always an economic issue tightly woven…
Abraham Lincoln, Cooper Union Address, New York City Presidential Campaign
Confederate States of America-Declaration of the Immediate Causes Which Induce and Justify the Secession of South Carolina from the Federal Union, December 1860, South Carolina
Lincoln, Abraham. "First Inaugural Address." Washington D.C. Mar. 1861. Address.
Ordinance of 1787
There are limitations on the destruction of wiretap records. The numbers of crimes for which wiretaps can be used, the types of judges who can authorize taps have both however, been expanded.
What Does the Constitution Say?
The United States Constitution states many principles of constitutional law that must be present in for Democracy to truly exist. Democracy is characterized by freedom and liberty to think and believe individually and the freedom to express those beliefs through speech that does not trod upon or offend others. The travesties against justice n committed in the name of Democracy is an affront to all that was intended, fought, and died in attaining in America.
Freedom, liberty and justice not only in America indeed, for the entire world. ut there are limitations within the realm of freedom and justice, for it is not freedom or justice in the forcing of what is termed…
Preamble to the Constitution of the United States (nd) Legal Information Institute [Online] available at; http://www.law.cornell.edu/constitution/constitution.preamble.html
Dirck, Brian R. (2002) Posterity's blush: civil liberties, property rights, and property confiscation in the confederacy. Civil War History; 9/1/2002 [Online] available at;
Following the September 11, 2001 terrorist attacks on the United States by violent fanatics, the federal government passed legislation which was designed to protect American citizens and to prevent further deaths. One piece of legislation, Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, more simplistically known as the Patriot Act, has been at the center of vehement debate on both sides, in support of and in opposition of the document. Among the many provisions of the act, some of the most contentious include: reduction of restrictions of law enforcement agencies, allows the Secretary of the Treasury to regulate financial transactions, and gave further powers to law enforcement and immigration officials in allowing them to detain, arrest, or deport immigrants who have been suspected of terrorist activities (Schulhofer 2005,-page vi). Following 9/11, there was a national grief over the tragic events and…
Baker, S. (2005). Patriot Debates: Experts Debate the U.S.A. Patriot Act. American Bar
Chang, N. (2002). Silencing Political Dissent: How Post-September 11 Anti-Terrorism Measures
Threaten our Civil Liberties. Seven Stories: Canada.
The court pointed out that the reason next friend status is observed to occur almost exclusively among prisoner's relatives is because a family member typically decides to step in when the competence of the prisoner is in question. The Court also argued that this case was easily distinguished from Hamdi (2002) because Newman already had a preexisting relationship with Padilla.
The government also argued that the District Court of the Southern District of New York did not have jurisdiction, since the prisoner was currently housed in Charleston, South Carolina (Padilla ex rel. Newman v. Bush, 2002). The Court rejected this argument in addition to making five other decisions: (1) Secretary of Defense umsfeld was the proper respondent to the habeas petition, (2) the Court had jurisdiction over umsfeld, (3) the President is authorized to designate Padilla an enemy combatant (without judging its merits) and therefore detain him for the duration…
Allen, Scott, Chaffee, Devon, and Hashemian, Farnoosh. (2007). Leave No Marks: Enhanced Interrogation Techniques and the Risk of Criminality. Physicians for Human Rights and Human Rights First. Retrieved 18 May 2013 from https://s3.amazonaws.com/PHR_Reports/leave-no-marks.pdf
ACLU (American Civil Liberties Union). (2012). Padilla v. Rumsfeld -- Legal Documents. ACLU.org. Retrieved 20 May 2013 from http://www.aclu.org /national-security/padilla-v-rumsfeld-legal-documents.
Beattie, Michael and Stevens, Lisa Y. (2003). An open debate on United States citizens designated as enemy combatants: Where do we go from here? Maryland Law Review, 62, 975-1027.
CCR (Center for Constitutional Rights). (n.d.). Hamdi v. Rumsfeld (Amicus): Synopsis. CCRJustice.org. Retrieved 18 May 2013 from http://ccrjustice.org/ourcases/past-cases/hamdi-v.-rumsfeld-%28amicus%29 .
PADILLA V. UMSFELD & HAMDI V. UMSFELD
Summary of Padilla v. umsfeld
Facts of Padilla v. umsfeld
Summary of Facts
Supreme Court easoning
Lower Court easoning
Summary of Hamdi v. umsfeld
History of Hamdi v. umsfeld
easoning for the Supreme Court
Individuals' Civil rights of Hamdi and Padilla
Contrast and Comparison
Padilla v. umsfeld & Hamdi v. umsfeld
Summary of Padilla v. umsfeld
One of the first and interesting things about the case is to know that the espondent, Jose Padilla, is a citizen from the United States citizen who made up his mind to become an "enemy fighter." This decision was helped made by the famous President George W. Bush and was held in military custody in South Carolina by the Department of Defense. Also, President George W. Bush discovered that Padilla was working alongside with the terrorist named al Qaeda. Both of…
Padilla, R. v. (2004, June 25). Retrieved from Supreme Court: http://www.law.cornell.edu/supct/html/03-1027.ZS.html
Rumsfeld, H. v. (2012, November 12). Hard National Security Choices. Retrieved from Lawfare: http://www.lawfareblog.com/wiki/the-lawfare-wiki-document-library/post-911-era-materials/post-911-era-materials-court-cases/hamdi-v-rumsfeld-542-u-s-507-2004/
Controversial President Lincoln
Abraham Lincoln lived during very controversial times. Moreover, he was elected president in an age in which the very foundation of American social and political life was fraught with controversy. Therefore, it is not surprising that Lincoln's presidency was filled with the sort of controversy that typified the age in which he lived. In fact, many of the more controversial aspects of Lincoln's presidency had widely escape the notice of those who uphold his legacy. Lincoln famously suspended the writ of Habeas Corpus during the period directly proceeding and involving the Civil ar. This basic tenement of law enforcement and criminal proceedings is foundational to the U.S. criminal justice system, yet Lincoln did not so much as hesitate in suspending it. Additionally, he made a practice of fairly routinely throwing his opponents in jail. hat is so striking about this practice is that these were political opponents…
Dueholm, James, A. "Lincoln's Suspension of the Writ of Habeas Corpus: An Historical and Constitutional Analysis. Journal of the Abraham Lincoln Association. 2008. Web. http://quod.lib.umich.edu/j/jala/2629860.0029.205/ -- lincoln-s-suspension-of-the-writ-of-habeas-corpus?rgn=main;view=fulltext
Maas, Alan. "Lincoln and the Struggle to Abolish Slavery." www.socialistworker.com 2009. Web. http://socialistworker.org/2009/02/12/lincoln-and-the-struggle-to-abolish-slavery
Neely, Jr., Mark. "The Lincoln Administration and Arbitrary Arrests: A Reconsideration." Journal of the Abraham Lincoln Association. 1983. Web. http://quod.lib.umich.edu/j/jala/2629860.0005.103/ -- lincoln-administration-and-arbitrary-arrests?rgn=main;view=fulltext
The Court reversed the decision of the United States Court of Appeals for the Second Circuit and remanded the case for dismissal with no prejudice; it overruled the Court of Appeals verdict and prepared the dismissal of the case, allowing Padilla to refile the petition.
Boumediene v. Bush
The Boumediene v. Bush case was a writ of habeas corpus submission made in a civilian court of the United States. Lakhdar Boumediene was a naturalized citizen of Bosnia and Herzegovina. He was held in military imprisonment by the United States at the Guantanamo Bay detention camps (http://jurist.law.pitt.edu/forumy/2007/02/why-boumediene-was-wrongly-decided.php).The case disputed the validity of Boumediene's custody at the Guantanamo Bay military base as well as the constitutionality of the Military Commissions Act (MCA) of 2006.
Majority of the justices brought into being that the constitutionally assured right of habeas corpus review applies to persons held in Guantanamo and to persons labeled as enemy…
Abraham Lincoln expanded the presidential powers at the time of the American Civil War.
This paper will examine how Abraham Lincoln expanded the presidential powers at the time of the American Civil War (Writer Thoughts, n.d).
Civil War Background
A key event in the historical consciousness of USA is its Civil War that took place between 1861 and 1865. While the 1776-1783 revolution led to the nation's creation, its Civil War determined the type of nation America would be. It resolved a couple of important issues that the revolution failed to settle, namely: 1) whether America was to remain a dissolvable confederacy of numerous free, independent States or become an indivisible country having a sovereign federal government; and 2) whether America, whose fundamental declaration was that all of mankind has been created with equal rights to freedom, would remain the world's largest slaveholding nation (McPherson, n.d). By spring 1865, every…
Burlingame, M. (2008). Abraham Lincoln: A Life. Retrieved February 25, 2016, from http://abrahamlincolnsclassroom.org/abraham-lincoln-in-depth/abraham-lincoln-and-power/
Donald, DH (1996). Lincoln (1st Touchstone ed.). Simon & Schuster.
Greenberg, D. (n.d.). Slate Magazine - Politics, Business, Technology, and the Arts. Lincoln's suspension of habeas corpus. Retrieved February 25, 2016, from http://www.slate.com/articles/news_and_politics/history_lesson/2001/11/lincolns
McPherson, J. (n.d.). Civil War Trust: Saving America's Civil War Battlefields. A Brief Overview of the American Civil War. Retrieved January 24, 2016, from http://www.civilwar.org/education/history/civil-war-overview/overview.html
The higher court may request these records of a pending or finalized proceeding to examine their legality. On the other hand, a writ of habeas corpus is a mandatory precept given by a court with which a prisoner can be acquitted from illegal detention. This legal action through a writ of habeas corpus can either be sought by the prisoner or another individual seeking to help him/her.
A writ of certiorari may be granted following an application by a district court, its judge, or the Supreme Court. It's granted in all cases when an inferior tribunal, officer, or board has gone beyond the jurisdiction of that tribunal, board, or officer. This writ of certiorari may be made returnable followed by a hearing at any time under the discretion of the court or judge granting the writ. Unlike the writ of certiorari, a writ of habeas corpus can be applied for…
"Chapter 34 -- Writs: Certiorari; Mandamus; Prohibition; Habeas Corpus." (2005). Justia.com
US Law. Retrieved October 27, 2011, from http://law.justia.com/codes/nevada/2005/NRS-034.html
Garcia, M.J. & Doyle, C. (2010, March 17). Extradition To and From the United States:
Overview of the Law and Recent Treaties. Retrieved October 27, 2011, from http://www.fas.org/sgp/crs/misc/98-958.pdf
However, this Court also recognizes that mental illness oftentimes differs from other immutable characteristics, such as mental retardation and age, in that a defendant oftentimes has the ability to control mental illness through medical interventions. hile there is tremendous evidence of Panetti's deteriorated mental state, there is very little evidence to support Panetti's assertions that he was insane at the time of the murders. Though there are serious questions regarding Panetti's competency to stand trial, much less his competency to represent himself in that trial, there simply does not appear to be any evidence that he was insane at the time of the murders. Panetti engaged in preparations that were rationally aimed at accomplishing the murder of his in-laws, but was able to refrain from killing his wife and child. In addition, he engaged in a stand-off with police that resulted in him escaping the stand-off without being killed and…
Woodson v. North Carolina, 428 U.S. 280, 322 (1976).
Woodson v. North Carolina, 428 U.S. 280, 299 (1976).
Ford v. Wainwright, 477 U.S. 399, 409-10 (1986).
During the 70's and 80's some of these opportunities were eliminated by the actions of the Burger and Rehnquist courts but habeas corpus actions remain a major problem for both systems and our a source of much acrimony. In 1996, Congress amended the federal habeas corpus statute in order to provide some clarification as to how habeas corpus was to be applied and interpreted nationwide.
XI. The Eleventh Amendment and State Sovereign Immunity
Litigation occurring under the 11th Amendment attempts to reconcile two competing ideas: 1) state sovereign immunity which assumes that a state is immune from suit unless it consents to be sued, and 2) the power of the federal government that assumes that the states are subsidiary sovereigns to the federal system. Interpretations of the 11th Amendment have varied throughout the history of decisions on said issue but, presently, are a bar to unconsented suits by private citizens…
Homeland Security / Constitutional Issues
Civil Liberties: These are fundamental freedoms interpreted by policymakers and courts over the years or assured by the Constitutional Bill of ights (Pearcy, 2003-2016).
Bill of ights: This is an official statement of American citizens' fundamental rights, integrated into the U.S. Constitution in the form of ten Amendments, as well as into the constitutions of all states (Bill of rights, n.d.).
Thought Police: This denotes a cluster of individuals holding totalitarian views regarding a particular subject, and who continuously keep an eye on others for noting any deviations from the way of thinking approved (Thought Police, n.d.).
Thought Crime: This refers to a case of controversial or unconventional thinking, which is regarded as socially unacceptable or as a crime (Oxford Dictionaries, 2016).
Big Brother: A 'big brother' is an ever-present, apparently benevolent personage who represents the tyrannical control over the lives of individuals as exerted…
Bill of rights. (n.d.). Dictionary.com Unabridged. Retrieved May 21, 2016 from http://www.dictionary.com/browse/bill-of-rights
IndiaAllouche. (2012). 1984 Dystopian Society. Writing About Literature. Retrieved May 21, 2016 from http://12fwritingaboutliterature.blogspot.in/2012/10/1984-dystopian-society.html
Nolo. (2016). Appeals and the Writ of Habeas Corpus FAQ. Retrieved May 21, 2016 from http://www.nolo.com/legal-encyclopedia/appeals-writ-habeas-corpus-faq-29096-5.html
Oxford Dictionaries. (2016). Thought Crime. Retrieved May 21, 2016 from http://www.oxforddictionaries.com/definition/english/thoughtcrime
Rubin "Hurricane" Carter has become a symbol, both negative and positive, for American's judicial system.
Rubin carter's case has had a profound impact on accused and convicted criminals today. The advent of DNA technology has helped to reduce the number of wrongful convictions, and has also been instrumental in exonerating a number of convicted prisoners. hile DNA technology has had an important impact on the criminal justice system, experts argue that the number of wrongful convictions is an increasing problem in the United States. One website lists 22 potential wrongful convictions on Texas' death row alone. Racism played an important role in Carter's original conviction, and today allegations of racism continue to plague the criminal justice system. The legal damage to the right of habeas corpus by the Antiterrorism and Effective Death Penalty Act of 1996 has reduced the ability of prisoners to demand the right to be brought before…
Bos, Carole. RUBIN "HURRICANE" CARTER. Law Buzz. 23 March 2004. http://manhat1.spfldcol.edu/manhat2-bin/link_visit?crs=0340/ENGL11422&id=byihmhzoBDvJsR&loc=584&url= http://www.lawbuzz.com/justice/hurricane/hurricane.htm
Citizens United for Alternatives to the Death Penalty (CUADP). 22 March 2004. http://manhat1.spfldcol.edu/manhat2-bin/link_visit?crs=0340/ENGL11422&id=byihmhzoBDvJsR&loc=6132&url= http://www.cuadp.org/pris/pot.html
Hurricane. 2000. Starring: Denzel Washington, Vicellous Reon Shannon, and Deborah Kara Unger. Director Norman Jewison.
Roberts, Paul Craig. From Blackstone to Bentham: Why Wrongful Conviction Is On The Rise. 22 March 2004. http://manhat1.spfldcol.edu/manhat2-bin/link_visit?crs=0340/ENGL11422&id=byihmhzoBDvJsR&loc=6424&url= http://www.lewrockwell.com/roberts/roberts4.html
Padilla's counsel subsequently filed a petition for certiorari with the United States Supreme Court, which was again denied in April of 2006. Meantime, Padilla had been transferred to civilian custody, essentially rendering the petition for a writ of certiorari in the highest court in the land a moot point.
The question before the Court of Appeals was whether the President of the United States had the constitutional authority to detain a United States citizen who was allegedly associated with al Qaeda, a known terrorist organization that the United States was at war with.
The Judge who ultimately penned the Court of Appeals' opinion, Luttig, was joined by Judges Michael and Traxler (2005) and wrote:
The detention of petitioner being fully authorized by Act of Congress, the judgment of the district court that the detention of petitioner by the President of the United States is without support in law is…
American Civil Liberties Union of Virginia. (2006). Padilla v. Hanft.
Retrieved from http://www.acluva.org/docket/padilla.html .
Judge Luttig, and Judges Michael and Traxler. (2005). Padilla v. Hanft, 423 F. 3d 386 - Court of Appeals, 4th Circuit. Google Scholar. Retrieved from http://scholar.google.com/scholar_case?case=4248615015622681524&q=Padilla+v.+Hanft,+423+F.3d&hl=en&as_sdt=2,44&scilh=0
Rumsfeld v Padilla. (2004). Rehnquist, William, C.J., Sandra Day O' Connor, Antonin Scalia, Anthony Kennedy and Clarence Thomas. Google Scholar. Retrieved from http://scholar.google.com/scholar_case?case=15130484144621962379&q=Rumsfeld+v.+Padilla,+542+U.S.+426+ (2004)&hl=en&as_sdt=2,44.
" (Elsea, 2005) It was stated at the time that it would appear that "…that federal courts will play a role in determining whether the military commissions, established pursuant to President ush's Military Order (M.O.) of November 13, 2001, are valid under U.S. constitutional and statutory law, and possibly under international law." (Elsea, 2005) It is reported that in June 2008, and in the case of oumediene v. ush that the U.S. Supreme Court "overturned the portions of the law" relating to habeas corpus and stated findings that the individuals held at Guantanamo ay have "constitutional rights to challenge their detention in United States courts." (The New York Times, 2009)
III. Response of the Obama Administration
It is related that one of the first things that the administration of President arack Obama accomplished was an executive order that closed Guantanamo and one that as well "issued an immediate halt to…
Elsea, Jennifer (2005) The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice. CRS Report for Congress. 18 Jan 2005. Online available at; http://www.globalsecurity.org/military/library/report/crs/rl31600.pdf
Henning, Anna C. (2009) Analysis of Selected Legislative Proposals Addressing Guantanamo Detainees. 2- March 2009., CRS Report for Congress. Online available at: http://www.fas.org/sgp/crs/natsec/R40419.pdf
Military Commissions (2008) The New York Times. 9 May 2009. Online available at: http://topics.nytimes.com/top/reference/timestopics/subjects/d/detainees/military_commissions/index.html?inline=nyt-classifier
Richey, Warren (2006) Supreme Court Rejects Military Tribunals. The Christian Science Monitor. 30 June 2006. Online available at: http://www.csmonitor.com/2006/0630/p01s01-usju.html
Manson v. Brathwaite, the government prosecuted respondent and he was convicted of possession and sale of heroin. The United States Court of Appeals for the Second Circuit reversed the dismissal of respondent's petition for habeas corpus relief, with orders to issue the writ unless the government gave notice to retry respondent and the new trial took place within a reasonable time. The government sought certiorari review.
Respondent, on a claim for habeas relief, proposed a per se rule of barring that he claimed was dictated by the demands of the Fourteenth Amendment's guarantee of due process. The Court used the entirety of the conditions test and concluded that the criteria appropriate in determining the acceptability of evidence offered by the prosecution in relation to identification were suitably met and complied with in respondent's case. The Court reasoned that the factors that had to be measured included the occasion of the…
The United States has leased 45 square miles of land and water at Guantanamo Bay from Cuba for more than a century. Commonly known as “Gitmo,” the U.S. Naval Base at Guantanamo Bay has been the source of increasing calls for its closure as no longer necessary or appropriate in the 21st century. To determine the facts, this paper reviews the relevant literature concerning Guantanamo Bay to provide the background of the issue and an analysis of this issue to determine whether the U.S. interests in Guantanamo Bay justify its continued operations. A summary of the research and important findings concerning this issue are provided in the conclusion.
Background of Issue
The U.S. Naval Base at Guantanamo Bay is 45 square miles in size and is located on the southeast end of Cuba (see map at Appendix A) (Naval Station Guantanamo Bay, 2014). The naval base at Guantanamo Bay…
Since Padilla had joined the terrorist organization al Qaeda and engaged in warlike actions against the armed forces of the United States in Afghanistan, the Judges said in concurrence with the Government, the President possessed an authority to designate Padilla an "enemy combatant." The issue sparked a controversy and intense debate among lawyers and other observers.
One of the complications of the case was the position taken by Padilla's lawyers. Padilla's lawyers did not contest the charges the government had leveled against Padilla. Instead, the lawyers argued that even if everything the government said about Padilla was true, the U.S. President did not possess the authority to detain a U.S. citizen without trial. The Fourth Circuit interpreted the position of the lawyers as if the lawyers agreed that the charges leveled against Padilla were true. The lawyers rejected this interpretation. The Government allegations against Padilla were contested by independent observers,…
BRIEF of the CATO INSTITUTE as AMICUS CURIAE in SUPPORT of RESPONDENTS, available at ;
"Padilla v. Hanft," Statement by the American Civil Liberties Union, November 30, 2006 available at ;
Padilla v. Hanft, 423 F. 3d 386 - Court of Appeals, 4th Circuit 2005, available at ;
Steinberg, Michael (2005). "Padilla v Hanft: A Very Dangerous Decision," Monthly Review, 9 September 2005, available at ;
Trash covers represent an excellent technique in the investigation of terrorist organizations. Begin by listing those items that might typically be found in your discarded trash that would provide details regarding you personally; your interests, lifestyle, associates, family, business, income, debts etc. Be honest and be thorough in your response. Follow your response by listing items that investigators might be interested in locating in the trash of suspect terrorists and follow with a discussion of how such items could be used to benefit the investigation.
Items that might typically be found in my discarded trash that would provide details regarding me personally are my cell phone statements, my bank account statements, discarded product packaging, receipts, medical bills, envelopes, defunct art supplies, sketches and discarded snippets of poems or stories.
Likewise, in the case of a suspected terrorist, investigators would essentially be interested in most, if not all of the things…
Abadie, Alberto. (2006). Poverty, Political Freedom, and the Roots of Terrorism. The American
Economic Review, 96(2), 50-56. Retrieved from http://www.jstor.org/stable/30034613
Barkun, Michael. (1997). Religion and the Racist Right: the Origins of the Christian Identity
Movement. The University of North Carolina Press.
Caption: In re Gault et al., 387 U.S. 1; 87 S. Ct. 1428; 18 L. Ed. 2D 527; 1967 U.S. LEXIS 1478; 40 Ohio Op. 2D 378.
Facts: After allegedly making obscene phone calls to a neighbor, the appellants' son, a fifteen-year-old boy, was taken into custody by the Gila County sheriff. The detention occurred without notice to the parents. The boy was questioned without being advised of his right to silence and without his parents present. At no time were the boy or his parents advised that the boy had the right to counsel. When the mother went to the juvenile facility where her son was being detained, she was advised that he was being held because of obscene phone calls and that a hearing would occur the next day. At the hearing in the Juvenile Court, a petition was filed stating that the boy was a delinquent…
In re Gault et al., 387 U.S. 1; 87 S. Ct. 1428; 18 L. Ed. 2d 527; 1967 U.S. LEXIS 1478; 40 Ohio
Op. 2d 378.
FISA -- The Foreign Intelligence Surveillance Act dictates the way the United States government carries out communication surveillance (e.g., telefaxes, emails, telephone calls, Internet websites, etc.) that passes through the United States physically and both the recipient and the sender or either of the two are/is a foreign power, according to FISA definition. FISA's initial purpose, as far back as in 1978, was to make use of the FISA Court to try abuses from governmental agencies, which spied on citizens of the United States in the 70s (Standler, 2007).
The Patriot Act enables investigators to make use of the already available tools to carry out investigations on drug trafficking and organized crime. A number of the tools made available by the Act for law enforcement agencies to wage war against terrorism have been in use in the fight against drug trafficking, organized crime, and terrorism…
Authorization for Use of Military Force, Pub. L. No. 107-40, 115 Stat. 224 (2001) (hereinafter AUMF)
ARC. (2011). Summary of the Geneva Conventions of 1949 and Their Additional Protocols. International Humanitarian Law, 1.
Bazan, E. B. (2007). The Foreign Intelligence Surveillance Act: An Overview of the Statutory Framework and U.S. Foreign Intelligence Surveillance Court and U.S. Foreign Intelligence Surveillance Court of Review Decisions. CRS Report for Congress.
Bradley, C. A. (2008). The Story of Ex-parte Milligan: Military Trials, Enemy Combatants, and Congressional Authorization. PRESIDENTIAL POWER STORIES.
The upreme Court found that the habeas corpus petition was filed improperly, and therefore the case was dismissed and all previous decisions in other courts overruled. The central issue regarding the power of the president was never decided.
Justice tevens presented a dissent stating that the government failed to give proper notice for Padilla's transfer to military custody I outh Carolina. The contention is that the habeas petition would have been filed properly if counsel had been informed in a timely manner. Justice tevens' conclusion is that the habeas corpus should be treated as one filed two days earlier, because government has not followed the correct procedures in providing information to Padilla's counsel.
The response to the dissent is that hypothetical events cannot be used in exercising statutory jurisdiction on the basis of misconduct by government. The dissent further contended that the Court made exceptions to the rules pertaining to…
The Oyez Project, Hamdi v. Rumsfeld, 542 U.S. 507 (2004), available at: http://www.oyez.org/cases/2000-2009/2003/2003_03_6696/
(last visited Friday, February 8, 2008).
The Oyez Project, Korematsu v. United States, 323 U.S. 214 (1944), available at: http://www.oyez.org/cases/1940-1949/1944/1944_22/
(last visited Friday, February 8, 2008).
The confidence of non-native speaker teachers is expected to be strengthened by better, more direct, access to the way native speakers use the language. ut an option not on offer so far (and, of course, a task impossible for a corpus called the ritish National Corpus) is to give these non-native speaker teachers access to a corpus capturing the successful use of English among non-native speakers, as a lingua franca, thus offering supremely relevant models for many learners wishing to use the language for similar purposes. So when Aston and urnard refer to ?the political implications of changing the basis on which assessments of correctness or appropriateness of usage are made? what has changed about the "basis" is how it can be accessed, not how it is defined. There is also another problem that operates at a deeper and unrecognized level: the language attitudes of those who, paradoxically, are themselves…
Aston, Guy, & Lou Burnard 1998, the BNC Handbook: Exploring the British National Corpus with SARA Edinburgh: Edinburgh UP.
Ayo Banjo & Andrew Thomas, ed. 1995,. New Englishes: A West African Perspective Ibadan: Mosuro and the British Council.
Graddol, David 1997, the Future of English London: British Council.
Greenbaum, Sidney, ed. 1996, Comparing English Worldwide: The International Corpus of English Oxford: Clarendon.
From what I can tell Guantanamo Bay served no real purpose it its entire existence. It was a defensive move made by the Government after September 11th because they felt as though they had to do something, even though they truly did not know what that was.
Closure of Guantanamo Detention Facilities. (2009). etrieved March 25, 2010, from The White
House Web site:
Guantanamo Bay. (2009). etrieved March 25, 2010, from Discover the Networks Web site:
Marguiles, Joseph. (2004). A Prison Beyond the Law. Virginia Quarterly eview. 80(4), p37-55.
Obama defends plan to close Gitmo. (2009). etrieved March 25, 2010, from CNN Politics Web
Obama orders Guantanamo closure. (2009). etrieved March 25, 2010, from BBC News Web
Pries, Dana and Higham, Scott. (2004). At Guantanamo, a Prison within a Prison. etrieved March 25, 2010, from The Washington Post Web site:
Closure of Guantanamo Detention Facilities. (2009). Retrieved March 25, 2010, from The White
House Web site:
Guantanamo Bay. (2009). Retrieved March 25, 2010, from Discover the Networks Web site:
1). While modern observers may relate the role played in the history of the United States only on his presidency of the Confederate states, in reality, a more balanced view of the man would also include the fact that Davis had a significant role in the development of the early nation and his contributions were responsible for increasing both the size and the character of the country. In this regard, Cooper emphasizes that, "Davis's notability does not come solely from his crucial role in the Civil War. Born on the Kentucky frontier in the first decade of the 19th century, he witnessed and participated in epochal transformation of the United States from a fledgling country to a strong nation spanning the continent" (2003, p. 1).
As noted above, as a graduate of West Point, Davis served as a junior officer in the U.S. Army in the southwestern United States and…
Brick-Turin, a.S. (2004). Jefferson Davis, Confederate president. The Historian, 66(3), 585-
Cooper, W.J. (2003). Jefferson Davis: The essential writings. New York: The Modern Library.
Davis, J. (1881, 1971 reprint). The rise and fall of the Confederate government. New York: Da
Adam Bedau and Paul G. Cassell (2004) reference the cost of the death penalty in the State of Texas, which is also a state with the highest numbers of executions under the death penalty. Bedau and Cassell cite information that says the initial trial of a death penalty case, that is a case where the death penalty is a penalty option, is approximately two million dollars per case more than those cases that do not involve the death penalty in Texas (101). These costs, though specific to Texas, are reasonably no less expensive for other states that try cases where there is an imposable death penalty.
If the difference for the states is about room, the total number of people on death row at a given time is insignificant as compared to the overall prison population. It would hardly seem that a prison with as many fourteen people on death…
Bedeau, Adam and Cassell, Paul G., Debating the Death Penalty, Oxford University Press, (2004).
Kappler, Burke W. "Small Favors: Chapter 154 of the Antiterrorism and Effective Death Penalty Act, the States, and the Right to Counsel." Journal of Criminal Law and Criminology 90.2 (2000): 467. Questia. 15 Dec. 2008 http://www.questia.com/PM.qst?a=o&d=5001761330 .
Patterson, Krista L. "Acculturation and the Development of Death Penalty Doctrine in the United States." Duke Law Journal 55.6 (2006): 1217+. Questia. 15 Dec. 2008 http://www.questia.com/PM.qst?a=o&d=5018256017 .
The Fourteenth Amendment is specifically concerned with due process. Moreover, while due process may not be violated by allowing states to establish different guidelines for their criminal trials and procedures than those established in the federal system, the Court seems to recognize that if something has been established as a necessary minimum to guarantee due process in the federal system, it will also be the minimum in the states.
One thing about this case, and about most states' existing criminal systems, is that it differentiates between misdemeanors and felonies, by providing that those charged with felonies are entitled to an appointed attorney. However, the distinction between misdemeanors and felonies seems untenable; people charged with misdemeanors face the threat of the loss of liberty and property. If due process cannot be protected without an attorney, and the Court feels that this threat is the same regardless of the degree of punishment,…
And bee it also Enacted by the Authority and with the advise and assent aforesaid that whatsoever person or persons shall from henceforth use or utter any reproachfull words or Speeches concerning blessed Virgin Marv the Mother of Our Saviour or the holy Apostles or Evangelists or any of them shall in such case for the first offence forfeit to the said Lord Proprietary and his heirs Lords and Proprietaries of this Province the sume of five pound Sterling or the value thereof to be Levyed on the goods and chattells of every such person soe offending, but in case such Offender or Offenders, shall not then have goods and chattells sufficient for the satisfying of such forfeiture, or that the same bee not otherwise speedily satisfyed that then such Offender or Offenders Shall be publiquely whipt and bee imprisoned during the pleasure, of the Lord Proprietary or the Lieut.…
Works Cited www.questia.com/PM.qst?a=o&d=90445657
Bonomi, Patricia U. Under the Cope of Heaven: Religion, Society, and Politics in Colonial America. New York: Oxford University Press, 1988. Questia. 24 Sept. 2007 http://www.questia.com/PM.qst?a=o&d=90445659 .
A www.geocities.com/lawandabrewer_uncp"Brewer, Jaques, Jones, and King. (2001). 23 Sept 2007 http://www.uncp.edu/home/canada/work/allam/16071783/religion.htm .
Crossing the Ocean to Keep the Faith: The Puritans. (2007) Library of Congress. 23 Sept 2007 http://www.loc.gov/exhibits/religion/rel01.html .
Friedrich Von Schlegel (1772-1829), German philosopher. Idea 14 in Selected Ideas (1799-1800), Franklin, Benjamin. His Autobiography. Vol. I, Part 1. The Harvard Classics. New York: P.F. Collier & Son, 1909-14; Bartleby.com, 2001. www.bartleby.com/1/1/.23 Sept 2007 http://www.bartleby.com/1/1/4.html .
The second signing statement put forth the Bush view that "the new legislation is not enforceable in U.S. courts and that it terminates all pending habeas corpus actions by Guantanamo Bay detainees."
POINT #4: CONCLUSION: MUSEUMS & the PUBLIC'S RIGHT to KNO
Several U.S. military personnel have been convicted and sent to prison for the abuses that took place in Abu Ghraib. But whether or not future museums will allow photos of Abu Ghraib abuses in exhibits remains to be seen. In 1995, when the Smithsonian Institution planned to show an well-illustrated exhibit depicting "the role the atomic bomb played in ending II" (Bernstein, 1995), pressure from 80 members of Congress, the Air Force Association, the American Legion, and others, caused the Smithsonian to reverse plans, according to an article in the Bulletin of the Atomic Scientists. "hy were the a-Bombs used?" was one question the exhibit was originally planning…
Bernstein, Barton J. "Misconceived patriotism: the Smithsonian's critics should have defended
Freedom rather than censorship." Bulletin of the Atomic Scientists 51.3 (1995): 4-5.
Crook, John. "New U.S. Legislation Prohibits Cruel, Inhuman, or Degrading Treatment,
Restricts Habeas Corpus Petitions by Guantanamo Detainees, and Establishes Limited
Cousin Vinny and American Criminal Justice
The 1992 film My Cousin Vinny starring Joe Pesci and Marisa Tomei is a typical Hollywood foray into the realm of jurisprudence. So comical and seemingly realistic is the film (it takes place in the South -- where the unexpected nature of the backwoods setting gives the fish-out-of-water antics of Pesci's Gambini a convincing legitimacy) that one is willing to believe that it actually gives accurate representation of the criminal justice system and the court process in America. This paper will compare and contrast My Cousin Vinny with the actual American criminal justice system and court process, showing where the two meet and where (as in all Hollywood fare) they eventually depart.
The Film in eality
In reality, it may be noted that even the United States is using My Cousin Vinny as a guide when it comes to justice and jurisprudence -- at…
Alshamsa, B. (2010). The U.S.A. uses My Cousin Vinny & CSI: Las Vegas as foundations for Afghan Judicial Procedures. My Private Casbah. Retrieved from http://bintalshamsa.blogspot.com/2010/03/usa-uses-my-cousin-vinny-csi-las-vegas.html
Bergman, P., Asimow, M. (2006). Reel Justice: The Courtroom Goes to the Movies.
Kansas City, MO: Andrews McMeel.
My Cousin Vinny cited by 7th Cir. (2009). LawofCriminalDefense.com. Retrieved from http://lawofcriminaldefense.com/blog/index.php?blog=1&title=my_cousin_vinny_cited_by_7th_cir&more=1&c=1&tb=1&pb=1
Arguments for and against the Patriot Act
The unusual events surrounding the creation and passing of the Patriot Act make it a suspect bill in many eyes. However, major media reports like this one: "Fifty-nine percent in an ABC News/ashington Post poll favor continuing the additional investigative authority in terrorism investigations that was granted to the FBI starting in 2001. President Bush urged such an extension of the Patriot Act today" (Langer) insist that there are others who support it and promote it as a protection against the kind of terrorism that was seen on 9/11. For supporters the idea of sacrificing civil liberties for security measures such as the TSA is, while unfortunate, a necessary evil. Those who oppose it, like alternative media journalist Ryan Dawson and Sen. Ron Paul, decry it as government intrusion. This paper will give arguments for and against the Patriot Act and…
Brand, Rachel. "Reauthorization of the U.S.A. Patriot Act." 20 Jan 2010. The Federalist
Society. Web. 24 Sep 2011. < http://www.fed-soc.org/publications/detail/reauthorization-of-the-usa-patriot-act >
Celente, Gerald. "Gerald Celente Predicts Ron Paul Can Win in 2012." 3 May 2010.
YouTube. 24 Sep 2011.
There is no question, however, that immigration issues will remain in the forefront of our national policy debates.
Deportation Factors and Crimes Involving Moral Turpitude
Research indicates that since the late 1980s, Congress had been tightening the substantive provisions of the immigration laws, to make it far less likely that a convicted criminal alien can find a way to be relieved of expulsion. For many years the basic statutory pattern was that a crime involving moral turpitude rendered a person deportable, if it was committed less than five years after the person's entry and resulted in a sentence of one year or more confinement. A later-committed crime or one that drew a lighter sentence did not result in deportation. If the person committed two such crimes that were not part of a single criminal scheme, they could render the person deportable no matter when they were committed. A drug offense…
Calavita, Kitty. Immigration, law and marginalization in a global economy: Notes from Spain. Law and Society Review (1998).
Chinese Exclusion Act of 1882. http://www.mtholyoke.edu/acad/intrel/chinex.html (26 Apr. 2005).
Immigration Act of 1907. http://www.multied.com/documents/immigrationact.html (26 Apr. 2005).
Levinson, Peter. The facade of Quasi-Judicial Independence in Immigration Appellate Adjudications. http://www.rightsworkinggroup.org/files/peter_article.pdf.(26 Apr. 2005).
Guantanamo: A Complicated Issue
Naval prison camp at Guantanamo Bay, Cuba, has been a controversial topic among American citizens and politicians ever since information surfaced about detainees being held indefinitely without charge and possibly tortured while incarcerated there. President Obama made it a key issue in his 2008 campaign, vowing to close it when he became president. He seemed to be making good on his promise in December of 2009, when he signed an Executive Order demanding the transfer of remaining prisoners to other facilities or to foreign countries and the permanent closure of the prison camp. But as of 2012, the prison camp at Guantanamo Bay remains open.
There are several difficult issues that complicate Obama's ability to close "Gitmo," as it is sometimes called. Guantanamo does not have a good reputation among Americans, and it has an even worse reputation in other countries. One of the primary…
Center for Constitutional Rights (July 2006) Report on Torture and Cruel, Inhuman, and Degrading Treatment of Prisoners at Guantanamo Bay, Cuba. Retrieved January 28, 2012 from http://ccrjustice.org/learn-more/reports/report%3A-torture-and-cruel,-inhuman,-and-degrading-treatment-prisoners-guantanamo -
(Nov. 18, 2010) Q&A: Closing Guantanamo. BBC News: U.S. And Canada. Retrieved January 29, 2012 from http://www.bbc.co.uk/news/world-us-canada-11623753
Khan, I. (2005) USA: Guantanamo Bay is a stain in America's reputation. Amnesty International. Retrieved January 29, 2012 from http://www.amnesty.org.au/news/comments/493/
Military Commission Act 2006 was passed by the U.S. government to provide the law enforces additional powers and certain immunities while dealing with terrorists. However, this law has drawn severe criticism as well as a fair share of support from various sections of the society. The main argument against the law is that it has the potential for the government to suspend the right of habeas corpus for non-citizens which includes legal permanent residents who are in the U.S. custody. The president of the United States or the law enforcement agencies have gained the right to detain anyone in the U.S. - including U.S. citizens, and not assign any charge against them. This power has been awarded the designation of such individuals as enemy combatants or enemy combatants who are unlawful. The law also allows the president to decide what would constitute torture. Evidence that is obtained by coercion and…
In all ways, Bush sought to rule the United tates like a king.
We have seen but three of the many ways President Bush, and his puppetmaster, Vice President, Dick Cheney, sought to, and did, expand the power of the presidency. Other examples, from Cheney's ultra secret Energy Commission, to the destruction of documents and terminantion of Justice Department attorneys who would not do their bidding, abound. Taken together, it was a dark, regressive time for the United tates and its people. The legacy will remain.
Barry, John, Michael Hirsch, and Michael Isikoff. " the Roots of Torture." Newsweek May 24, 2004. Web. http://www.newsweek.com/id/105387/page/1
Boston.com. Boston Globe. "Examples of the president's signing statements." April 30, 2006. Web. May 16, 2010. http://www.boston.com/news/nation/articles/2006/04/30/examples_of_the_presidents_signing_statements/
Critchlow, Donald T. The Conservative Ascendancy: How the GOP Right Made Political History. Cambridge, MA: (2007).
Kaye, Jeff, Firedoglake. "
Withholding Information to Congress on Torture"…
Barry, John, Michael Hirsch, and Michael Isikoff. " the Roots of Torture." Newsweek May 24, 2004. Web. http://www.newsweek.com/id/105387/page/1
Boston.com. Boston Globe. "Examples of the president's signing statements." April 30, 2006. Web. May 16, 2010. http://www.boston.com /news/nation/articles/2006/04/30/examples_of_the_presidents_signing_statements/
Critchlow, Donald T. The Conservative Ascendancy: How the GOP Right Made Political History. Cambridge, MA: (2007).
Kaye, Jeff, Firedoglake. "
Congress will assemble at least one a year, beginning on the first Monday in December.
Section 5: Congress must have a minimum number of members in attendance in order to meet, and that it has the authority to fine those who don't show up. Members may be expelled if there is disorderly behavior or if the rules of proceedings are violated. The concurrence of 2/3 majority can expel a member from Congress. A journal of proceedings must be kept to record what goes on and votes that are made. Neither house can adjourn without the direct permission of the other.
Section 6: Members of the Congress will be paid for their services. They will have immunity from arrest and freedom of speech while in office unless they commit treason, which is a felony, or a breach of the peace. While in office, no member of Congress may accept another office…
The definition for "subversives" is a bit vague, but Fagen explains that in Argentina and elsewhere in Latin American dictatorships the victims of violent repression tended to be union leaders, liberal political leaders, artistic people in cultural circles, student protest leaders and media personalities (p. 41). The whole point of these horrendous repressive policies was to inspire fear, confusion and "distrust" among the general population. For those who believe the United States' military always stands on the side of democratic movements it may come as something of a shock that the U.S. funded and trained many military outfits during the time of dictators in Latin America.
"An entire generation of Latin American military officers and police were armed, trained, and 'professionalized'" by American police and military leaders (Fagen, 1992, p. 43). Fagen says the repression in Argentina was, in part, designed to "Purge ideological infection"; Argentine present General Jorge Rafael…
Fagen, Patricia Weiss. "Repression and State Security." Fear at the Edge: State Terror and Resistance in Latin America. Berkeley: University of California Press, 1992.
Hunter, Wendy. "Continuity or Change? Civil-Military Relations in Democratic Argentina,
Chile, and Peru." Political Science Quarterly 112.3 (1997): 453-475.
Remmer, Karen L. Military Rule in Latin America. University of Texas: Unwin Hyman, 1989.
Social ideals and ethics are secondary. As such, if it were most beneficial to the State to commit genocide while conquering another nation, that would be the course of action taken. However, again thanks to increased media coverage, the world and governing bodies such as the U.N. Would not sit idly by. For this reason, this perspective is quickly becoming antiquated. Idealism, in contrast, is on the other end of the international relations spectrum.
Idealism surmises that a State's internal policies should be reflected in their foreign policies -- what they wish to occur within their boundaries is what they should support outside of their boundaries. Followers of idealism live by the Golden un -- Do unto others as you'd have them do unto you. The promotion of human rights globally would be incredibly important, from this perspective, as they too would want to enjoy the benefits of human rights…
Human rights timeline: From antiquity to the Magna Carta. (No date). Retrieved October 28, 2009, from http://www.gwu.edu/~erpapers/humanrights/timeline/timeline1.cfm .
Human rights timeline: From European expansion to the Enlightenment. (No date). Retrieved October 28, 2009, from http://www.gwu.edu/~erpapers/humanrights/timeline/timeline2.cfm .
Human rights timeline: From the American Revolution to Napoleon. (No date). Retrieved October 28, 2009, from http://www.gwu.edu/~erpapers/humanrights/timeline/timeline3.cfm .
Human rights timeline: From the Indian Removal Act to the U.S. Sedition Act. (No date). Retrieved October 28, 2009, from http://www.gwu.edu/~erpapers/humanrights/timeline/timeline4.cfm .
England faced huge debts and the expense of maintaining a militia in America, after the costly Seven Years' War. The English parliament believed that the colonies should finance a significant portion of their own defense and thus in 1765 levied the first direct tax, the Stamp Act. Nearly every document, such as newspapers, legal writs, licenses, insurance policies, and even playing cards had to include a stamp proving payment of the required taxes. The colonists, like the barons, revolted against this economic control and the fact that they were never asked to vote on these taxes. It simply came down to "taxation without representation." They also disagreed with the condition that anyone who disobeyed could be tried in admiralty courts without a jury of peers.
The colonists condemned the Stamp Act, and when Benjamin Franklin and others in England powerfully argued the American side Parliament quickly repealed the bill. It…
Jones, P.M. 1987. How History's Great Minds Inspired the Framers. Scholastic Update. 120, 22-24.
Rosinksy, N.M. 2000. King John and the Royal English Family. Calliope. 10.8, 4
Slavicek, L.C. 2000. Feudalism in King John's England. Calliope. 10.8, 8
This abuse of Arab-Americans and Muslim-American follows the ritualized sacrifice of the pharmakos, which involved the projection of a specific set of characteristics onto the scapegoated victim, who was then sacrificed in order to restore the health and unity of the community" (p. 165). As Taslitz (2002) emphasizes, such hate crimes and stereotypical portrayals of Arab-Americans represent a firmly entrenched set of beliefs held by many Americans that contribute to the government's ability to increase its power at the expense of the civil rights afforded the ordinary citizenry. "The most serious threats to our freedom often advance in small steps," Taslitz notes, and, "The risks we assume are, in large part, reflections of laws that encourage certain customs and values" (p. 125).
This step-by-step erosion of civil liberties can be best understood as a response to the demonizing of Arabs in America as far back as the late 1800s (Akram,…
Abu-Laban, B. (2007). Reflections on the rise and decline of an Arab-American organization. Arab Studies Quarterly, 29(3-4), 47.
Akram, S.M. (2002). The aftermath of September 11, 2001: The targeting of Arabs and Muslims in America. Arab Studies Quarterly, 61.
Babbitt, S.E. & Campbell, S. (1999). Racism and philosophy. Ithaca, NY: Cornell University Press.
Chermak, S., Bailey, F.Y., Brown, M. (2003). Media representations of September 11. Westport, CT: Praeger.
" (Lindsey, 2004, p.1) it is interesting to note that one of the young protestors stated: "[the world leaders] are sitting over there on Sea Island having their little party only talking about how to fix things, but we are over here actually doing something to make things better" -- Laurel Paget-Seekins (Lindsey, 2004, p. 1) the U.S.A. Patriot Act has been touted to do just this - or to make things better in terms of security of American citizens and it is certain that the provisions of this Act have served to increase levels of security for American citizens but this security has come with a cost attached and for some Americans the cost is too high and too intrusive upon their basic civil rights. One such instance of the complexity created within the security paradigm are the no-fly lists that have been implemented in U.S. airports since September…
Bohn, Kevin (2003) Patriot Act Reports Documents Civil Rights Complaints. 31 July 2003. CNN Law Center. Online available at http://www.cnn.com/2003/LAW/07/21/justice.civil.liberties/index.html
Carafano, James Jay (2007) Securing the Home Front. The Heritage Foundation. 10 July 2007. Online available at http://www.heritage.org/Press/Commentary/ed071107a.cfm
Drew, Kevin (2002) Balancing Life and Liberty: Danger to Civil Liberties when Security is Strengthened - CNN Law Center 10 Sept 2002. Online available at http://archives.cnn.com/2002/LAW/09/05/ar911.civil.liberties/
Houses, spaces raided throughout the Twin Cities (2008) Coldsnap Legal 30 Aug 2008. Online available at http://coldsnaplegal.wordpress.com/2008/08/30/houses-spaces-raided-throughout-the-twin-cities/
(387 U.S. 33). Furthermore, the notice requirement meant that allegations had to particular. (387 U.S. 33). The juvenile and his parents did not get notice until the hearing on the merits, which meant that it was not timely notice. Furthermore, Arizona had no provision protecting children's right against self-incrimination, but the Court determined that a juvenile is at greater risk of self-incrimination than an adult.
The Court also looked at the Sixth Amendment, which provides that:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have…
In re Gault, 387 U.S. 1 (1967).
U.S. Const. amend. V.
U.S. Const. amend. VI.
U.S. Const. amend. XIV.
Prosecuting offenders is not nearly as easy as it may appear to be, and having limitations on the length of time in which it takes to gather that evidence makes it that much harder for prosecutors. Also, within the scope of these laws, many guilty parties go free from punishment because their cases have run out of time. Allowing guilty parties to avoid punishment is always a negative aspect of such legislation.
Florida State Statue of Limitations covers a wide range of crimes, offenses, debt issues, and civil litigations. They are broken up into time periods and which crimes and offenses are allotted into those specific time periods. The time lengths go as follows, twenty years, five years, four years, two, and one year. For instance, the time period given by the Florida Statute of Limitations for commencing trial on the charge of "An action for assault, battery, false arrest,…
Florida Legislature. (2008). Statutes and constitution: online sunshine. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0095/Sec11.htm
Free Advice. (2008). Personal injury statute of limitations. http://law.freeadvice.com/resources/personal_injury_statute_of_limitations.htm
Limitations, statute of. (2008). In Encyclopedia Britannica. Retrieved March 21, 2008, from Encyclopedia Britannica Online:
The trial court was concerned with the State's lack of a written protocol specifying the chemicals and doses, the lack of consistency in its administration, the total discretion give to Dr. Doe I, and the lack of oversight over the doctor. The trial court fashioned a remedy that required the Department of Corrections to prepare a written protocol requiring the participation of a board-certified anesthesiologist, at least 5 grams of thiopental, and certification that an inmate has achieved sufficient anesthesia before administering the next two chemicals. The court required that it certify the protocol and stayed all executions till it was approved. The State submitted a plan, which was not approved by the court. The State then appealed the trial court's decision.
Rule of Law: A State's lethal injection protocol did not violate the Eighth Amendment, because the protocol required a sufficient dose of thiopental to eliminates an inmate's risk…
Japanese Correctional System as Compared to the American Corrections System
The Japanese correctional system places a strong emphasis on rehabilitation and preparing the prisoner for being released once again into society. The Japanese correctional system "is intended to resocialize, reform, and rehabilitate offenders" rather than enforce a system of retributive justice along the lines of the American model (Coutsoukis, 2004). This is why most sociologists state that the restorative philosophy of corrections is the predominant approach practiced in Japan, that is, the main aim of the system is to restore the pre-existing social order rather than enact retribution against a particular individual, or even to protect victim's rights, or to punish an offender in a fair manner (Hosoi & Nishimura 1999: 4).
Much like the American system, Japanese prisoners after conviction are classified "according to gender, nationality, kind of penalty, length of sentence, degree of criminality, and state of physical…
Debito, Arudou & Dave Aldwinckle. (2002). "Arrest and Detention Periods of Criminal Suspects Under Japanese Law
Coutsoukis, Photius. (10 Nov 2004). "Japan: The Penal System." CIA World Factbook. Retrieved 11 Feb 2008 at http://www.photius.com/countries/japan/national_security/japan_national_security_the_penal_system.html
Hosoi, Yoko & Haruo Nishimura. (1999). "The Role of Apology in the Japanese
Woodrow Wilson used the radio to appeal to the American public directly to support the nation's entry into the then-unpopular World War I. Franklin Roosevelt, of course, was the master of the fireside chat, and even after his demise, the rapid rise of the Soviet power and the Cold War enabled Harry Truman to "scare hell" out of the country by using the media.
Popular, collective fear of the Soviets tipped the balance even farther in favor of the powers of the chief executive. The Johnson Administration refused to spend the funds allocated to crucial agricultural programs, to bully Congress into accepting its deficit spending for the Great Society and the Vietnam War (87). These examples, along with the escalation of the Vietnam War, show how Democratic presidents were often just as guilty as Republican presidents of abusing the office's authority. In recent memory, the Clinton Administration went to court…
Meanwhile Congress was reluctant to challenge Bush (members feared being termed "unpatriotic" since Bush argued that the safety of Americans depended on the secret surveillance done by NSA) immediately, but in the past few months Congress (the House Intelligence and Judiciary Committees) has demanded - and in part received - access to internal documents on the wiretapping program. "That access could ultimately help persuade skeptical lawmakers in the House, which so far has rejected the immunity idea, to sign on to the hite House's Plan" (Lichtblau 2008) according to the New York Times.
Indeed the Senate in January 2008 gave immunity for the phone companies that helped the NSA tap phones secretly, which means Verizon, at&T, et al., cannot be sued for assisting the Bush Administration with its warrantless wiretapping program (there are over 40 lawsuits pending over the phone companies' roles in the wiretapping). So here is a case…
American Civil Liberties Union (ACLU). "Safe and Free: Restore our Constitutional Rights."
Retrieved February 7, 2008, at http://www.aclu.org .
Cornell University Law School. "United States Constitution: Article I." Retrieved February 7, 2008 at http://www.law.cornell.edu/constitution/constitution.articlei.html .
Cutler, Leonard. "Human Rights Guarantees, Constitutional Law, and the Military Commissions
Instantly after the House of Commons passed it George official temple of Lord to notify them that he would look upon any peer who designated him will be as his rival. The bill was discarded by the Lords, thus after three days, the Portland ministry was dismissed and William Pitt the younger was chosen as a Prime Minister. For George III, Pitt's selection was a great success. The King thought that the whole situation confirmed that he still had the authority to choose Prime Ministers without having to rely on any parliamentary assembly. All through the Pitt's ministry, George keenly encouraged many of his political plans. To help Pitt, George planned to make new peers at an unparalleled rate. The new peers swamped the House of Lords and permitted Pitt to uphold a stable majority. Throughout Pitt's ministry, George III was tremendously popular. The public reinforced the investigative journeys toward…
Wikipedia. George III of the United Kingdom. December 5, 2007 Wikipedia Foundation, Inc. December 6, 2007 at http://en.wikipedia.org/wiki/George_III_of_the_United_Kingdom