Habeas Corpus Essays (Examples)

Filter results by:

 

View Full Essay

Habeaus Corpus

Words: 3016 Length: 8 Pages Document Type: Essay Paper #: 77136291

" 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…… [Read More]

References

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.
View Full Essay

Johnson v Eisentrager 339 U S

Words: 2000 Length: 5 Pages Document Type: Essay Paper #: 62357380

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…… [Read More]

References

Johnson v. Eisentrager, 339 U.S. 763 (1950). Retrieved October 5, 2011 from Findlaw website:

http://laws.findlaw.com/us/339/763.html
View Full Essay

Soon U S Invasion Afghanistan 2001 Bush Administration

Words: 540 Length: 2 Pages Document Type: Essay Paper #: 34367625

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…… [Read More]

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).

Thesis Statement:

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.
View Full Essay

Government Changes Post-Revolution War vs Post-Civil War

Words: 1520 Length: 4 Pages Document Type: Essay Paper #: 39980527

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…… [Read More]

Works Cited

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
View Full Essay

Government Constitutional Non-Compliance During Times

Words: 2083 Length: 7 Pages Document Type: Essay Paper #: 83202410

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…… [Read More]

Bibliography

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; http://www.highbeam.com/library/doc3.asp?DOCID=1G1:92589648&num=38&ctrlInfo=Round9a%3AProd%3ASR%3AResult&ao=

Conan, Neal (2001) Analysis: Civil liberties during times of war. Talk of the Nation (NPR) 10-23-2001 [Online] available at: ttp:/ / www.highbeam.com/library/oc3.asp? DOCID 1P1:47695690&num=25&ctrlInfo=Round9a%3AProd% 3ASR3AResult&ao=

Taylor, Guy (2004) Judge strikes down part of Patriot Act; FBI can't demand company files.(NATION)the Washington Times; 9/30/2004 http://www.highbeam.com/library / doc3.asp?DOCID=1G1:122667026 & num=83&ctrlInfo=Rou nd9a%3A Prod%3ASR%3AResult&ao=
View Full Essay

Participation in Government

Words: 1922 Length: 6 Pages Document Type: Essay Paper #: 47319475

Patriot Act

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…… [Read More]

Works Cited:

Baker, S. (2005). Patriot Debates: Experts Debate the U.S.A. Patriot Act. American Bar

Association.

Chang, N. (2002). Silencing Political Dissent: How Post-September 11 Anti-Terrorism Measures

Threaten our Civil Liberties. Seven Stories: Canada.
View Full Essay

Judical Review of Indefinate Detention

Words: 4831 Length: 14 Pages Document Type: Essay Paper #: 99965301

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…… [Read More]

References

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.
View Full Essay

Violation of Human Rights

Words: 4611 Length: 15 Pages Document Type: Essay Paper #: 43224008

PADILLA V. UMSFELD & HAMDI V. UMSFELD

Summary of Padilla v. umsfeld

Facts of Padilla v. umsfeld

Summary of Facts

Technical History

Holding

Supreme Court easoning

Lower Court easoning

Summary of Hamdi v. umsfeld

History of Hamdi v. umsfeld

Facts

The Holding

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…… [Read More]

References

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/
View Full Essay

President Lincoln's Controversial Side

Words: 1775 Length: 6 Pages Document Type: Essay Paper #: 20214166

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…… [Read More]

Works Cited

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
View Full Essay

Business Homeland Security Homeland Security

Words: 1851 Length: 6 Pages Document Type: Essay Paper #: 33905813

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…… [Read More]

View Full Essay

Looking at Civil War and Lincoln

Words: 1771 Length: 5 Pages Document Type: Essay Paper #: 74346662

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…… [Read More]

References

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
View Full Essay

Extradition According to Legal Definitions

Words: 780 Length: 2 Pages Document Type: Essay Paper #: 49021293

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…… [Read More]

References:

"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
View Full Essay

United States Supreme Court Decision

Words: 2079 Length: 6 Pages Document Type: Essay Paper #: 23442236



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…… [Read More]

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).
View Full Essay

U S Supreme Court Was Created

Words: 2633 Length: 9 Pages Document Type: Essay Paper #: 76665897

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…… [Read More]

View Full Essay

Homeland Security and Constitutional Issues

Words: 2238 Length: 6 Pages Document Type: Essay Paper #: 74789987

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…… [Read More]

References

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
View Full Essay

Ruben Carter

Words: 1436 Length: 4 Pages Document Type: Essay Paper #: 67813026

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…… [Read More]

Works Cited

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
View Full Essay

Padilla V Hanft Case Brief

Words: 792 Length: 2 Pages Document Type: Essay Paper #: 18417733

391).

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…… [Read More]

References

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.
View Full Essay

Criminal Justice Corrections the Objective

Words: 1076 Length: 3 Pages Document Type: Essay Paper #: 33934531

" (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…… [Read More]

Bibliography

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
View Full Essay

Manson v Brathwaite the Government Prosecuted Respondent

Words: 637 Length: 2 Pages Document Type: Essay Paper #: 64136058

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…… [Read More]

View Full Essay

Padilla V Hanft the Case

Words: 768 Length: 2 Pages Document Type: Essay Paper #: 27019403

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,…… [Read More]

References

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 ;
View Full Essay

Trash Covers Represent an Excellent Technique in

Words: 2042 Length: 5 Pages Document Type: Essay Paper #: 92199785

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…… [Read More]

Works Cited

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.
View Full Essay

Case Brief Delinquent Minor

Words: 960 Length: 3 Pages Document Type: Essay Paper #: 41729206

Gault

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…… [Read More]

References

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.
View Full Essay

Analyzing Constitution and Homeland Security

Words: 2793 Length: 6 Pages Document Type: Essay Paper #: 19950371

Constitution/Homeland Security

FISA

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).

Patriot Act:

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…… [Read More]

Bibliography

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.
View Full Essay

Elt in the Expanding Circle

Words: 4023 Length: 12 Pages Document Type: Essay Paper #: 22374568



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…… [Read More]

Bibliography

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.
View Full Essay

Korematsu Rasul Al Odah and

Words: 2073 Length: 6 Pages Document Type: Essay Paper #: 12802073

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…… [Read More]

Sources

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).
View Full Essay

Criminology Counterrorism Not Long After

Words: 1761 Length: 5 Pages Document Type: Essay Paper #: 20333670



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.

eferences

Closure of Guantanamo Detention Facilities. (2009). etrieved March 25, 2010, from The White

House Web site:

http://www.whitehouse.gov/the_press_office/closureofguantanamodetentionfacilities/

Guantanamo Bay. (2009). etrieved March 25, 2010, from Discover the Networks Web site:

http://www.discoverthenetworks.org/guideDesc.asp?catid=135&type=issue

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

site:

http://www.cnn.com/2009/POLITICS/05/21/obama.speech/index.html?eref=rss_topstorie

s&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+rss%2Fcnn_

topstories+%28SS%3A+Top+Stories%29

Obama orders Guantanamo closure. (2009). etrieved March 25, 2010, from BBC News Web

site: http://news.bbc.co.uk/2/hi/7845585.stm

Pries, Dana and Higham, Scott. (2004). At Guantanamo, a Prison within a Prison. etrieved March 25, 2010, from The Washington Post Web site:

http://www.washingtonpost.com/wp-dyn/articles/A5918-2004Dec16.html…… [Read More]

References

Closure of Guantanamo Detention Facilities. (2009). Retrieved March 25, 2010, from The White

House Web site:

http://www.whitehouse.gov/the_press_office/closureofguantanamodetentionfacilities/

Guantanamo Bay. (2009). Retrieved March 25, 2010, from Discover the Networks Web site:
View Full Essay

Historiographical Analysis of Jefferson Davis

Words: 2536 Length: 7 Pages Document Type: Essay Paper #: 91902640

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…… [Read More]

References

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

Capo Press.
View Full Essay

Death Penalty the Argument Against

Words: 1215 Length: 3 Pages Document Type: Essay Paper #: 37828788

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…… [Read More]

Works Cited

Bedeau, Adam and Cassell, Paul G., Debating the Death Penalty, Oxford University Press, (2004).

A www.questiaschool.com/PM.qst?a=o&d=5001761330

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.
View Full Essay

Gideon v Wainwright Case Name

Words: 1790 Length: 6 Pages Document Type: Essay Paper #: 71388360

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,…… [Read More]

View Full Essay

Religion More Than a Word

Words: 3223 Length: 10 Pages Document Type: Essay Paper #: 18229038

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.…… [Read More]

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 .
View Full Essay

Images From Abu Ghraib Appropriate

Words: 1865 Length: 5 Pages Document Type: Essay Paper #: 175524

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…… [Read More]

Works Cited

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
View Full Essay

Cousin Vinny and American Criminal Justice the

Words: 1857 Length: 6 Pages Document Type: Essay Paper #: 5672282

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…… [Read More]

Reference List

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
View Full Essay

Patriotic Act Arguments for and Against the

Words: 3462 Length: 11 Pages Document Type: Essay Paper #: 70325965

Patriotic Act

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…… [Read More]

Works Cited

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.
View Full Essay

Immigration - Drawing the Line

Words: 7210 Length: 25 Pages Document Type: Essay Paper #: 49580604

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…… [Read More]

Bibliography

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).
View Full Essay

Guantanamo A Complicated Issue Guantanamo Naval Prison

Words: 736 Length: 2 Pages Document Type: Essay Paper #: 29864405

Guantanamo: A Complicated Issue

Guantanamo

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…… [Read More]

References

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/
View Full Essay

Military Commission Act of 2006

Words: 643 Length: 2 Pages Document Type: Essay Paper #: 82318329

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…… [Read More]

View Full Essay

History of This Country Efforts

Words: 1510 Length: 4 Pages Document Type: Essay Paper #: 24890235

In all ways, Bush sought to rule the United tates like a king.

Conclusion.

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.

ources List

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"…… [Read More]

Sources List

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. "
View Full Essay

U S Constitution This Very First

Words: 870 Length: 3 Pages Document Type: Essay Paper #: 29219113

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…… [Read More]

View Full Essay

Military Rule Shaping Politics and

Words: 2556 Length: 8 Pages Document Type: Essay Paper #: 74196784



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…… [Read More]

Works Cited

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.
View Full Essay

Human Rights Improve Around the

Words: 1983 Length: 6 Pages Document Type: Essay Paper #: 36980176

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…… [Read More]

References

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.
View Full Essay

Magna Carter Little Did the

Words: 1126 Length: 4 Pages Document Type: Essay Paper #: 67783119

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…… [Read More]

References

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
View Full Essay

Pandemic Fears and Contemporary Quarantine

Words: 1075 Length: 3 Pages Document Type: Essay Paper #: 30593853

To meet substantive due process, a public health intervention must be based on a public health necessity, an effective intervention, have a demonstrable means-end connection, be proportionate to the threat involved, and be the least restrictive means of accomplishing the goal. In addition, Daubert explains the parameters of the procedural due process. Due process in a quarantine situation does not always involve a judicial hearing, but it must contain the following elements: notice to the affected individual, an opportunity to contest the government's action, access to legal counsel, and a final decision that is subject to review by a court of law. She includes with a discussion of how due process came to be applied in situations of quarantine, by viewing due process as a continuum, with infected individual on one end of the spectrum and the exposed individual on another. She thinks that due process should increase as the…… [Read More]

References

CDC. (2005). Fact sheet on legal authorities for isolation/quarantine. Retrieved March 8, 2009 from Centers for Disease Control and Prevention. Web site: http://www.cdc.gov/ncidod/sars/factsheetlegal.htm

Daubert, M. (2007). Comment: Pandemic fears and contemporary quarantine: Protecting liberty through a continuum of due process rights. 54 Buffalo L. Rev 1299.
View Full Essay

Arab-Americans Racism Before and After

Words: 2354 Length: 7 Pages Document Type: Essay Paper #: 48275290

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,…… [Read More]

References

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.
View Full Essay

U S Patriot ACT We Deserve

Words: 3590 Length: 10 Pages Document Type: Essay Paper #: 66930462

" (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…… [Read More]

Bibliography

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/
View Full Essay

Gault 387 U S 1 1967

Words: 959 Length: 3 Pages Document Type: Essay Paper #: 31994634

(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…… [Read More]

References

In re Gault, 387 U.S. 1 (1967).

U.S. Const. amend. V.

U.S. Const. amend. VI.

U.S. Const. amend. XIV.
View Full Essay

Statute of Limitations Several States

Words: 1071 Length: 3 Pages Document Type: Essay Paper #: 29286079

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,…… [Read More]

Works Cited

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:

http://www.britannica.com/eb/article-9048306
View Full Essay

Taylor v Crawford Case Citation

Words: 1225 Length: 4 Pages Document Type: Essay Paper #: 86751359

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…… [Read More]

View Full Essay

Japanese Correctional System Compared to American Correctional System

Words: 1452 Length: 4 Pages Document Type: Essay Paper #: 78466168

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…… [Read More]

Works Cited

Debito, Arudou & Dave Aldwinckle. (2002). "Arrest and Detention Periods of Criminal Suspects Under Japanese Law

 http://www.debito.org/arrestperiods.html 

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
View Full Essay

New Imperial Presidency Rudalevige Andrew

Words: 1267 Length: 4 Pages Document Type: Essay Paper #: 54774202

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…… [Read More]

View Full Essay

Legislative & Judicial Duties

Words: 1100 Length: 3 Pages Document Type: Essay Paper #: 1663900

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…… [Read More]

Works Cited

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
View Full Essay

King George III George III

Words: 1224 Length: 4 Pages Document Type: Essay Paper #: 27031356

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…… [Read More]

Bibliography

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