Civil Liberties, Habeas Corpus, and the War on Terror
Civil Liberties, Habeas Corpus, and the War on Terror
Introduction
The attack that took place on 9/11 in United States had made the country invade Afghanistan. It picked people during the sweep of suspicious people who are thought to be criminals. These groups are for questioning, and before they are, they are to a place known as Guantanamo. Questions have been developed simply because most people in this prison have been incarcerated something that hinders them fair trial. Congress failed for there are no attempts to transfer the remaining 169 people to facilities where they may get fair trials. These people have stayed in GITMO waiting for the court day in order to get their trials. Having in mind that the 169 people are still in Limbo, is it fair to hold them in the red tape until when the congress will determine their charges? The essay will generally look at the right of habeas corpus in respect to terror war that occurred in 9/11. In respect to the U.S Constitution, the government should apply trial charges in respect to the criminal activities and consider the right of an individual, (Morse, 2010). Unlike those countries that do not apply the right of habeas corpus, the U.S. Constitution gives individuals the right to question for their charges.
Meaning of Habeas Corpus
Habeas corpus is Latin words that mean you should have a body’. According to habeas corpus, the accused person must be present or appear in court in order to determine whether the court should continue holding him or her. The constitution allows an individual to question for his incarceration before a judge in a court. Evidence shows that not all suspects detained in GITIMO are guilty thus some have no mistakes and the government has no right to detain them. Being a suspect does not entirely mean that an individual is a criminal. The congress has failed to develop strategies on ways to try the remaining 169 suspects, (Freedman, 2001). Individuals held in prison by the government and feels that the government does not have the right must demand for habeas corpus. The court in line with the constitution must issue a writ of habeas corpus that requires the holding body explain to the suspect the reason why he or she is held. If at any given point the forces responsible for the act do not give a valid reason, the court sets the individual free. According to habeas corpus, an individual cannot be held against his or her will and should not be jailed for charges that do not exist, (Jones, 2011).
Historical Evolution of Habeas Corpus
Habeas corpus is as old as Magna Carta. Its first mention was on 1215 in Carta an English document that holds libertatum which is among the vital legal documents. A prerogative writ by the prisoners to King Habeas corpus gave rise to this aspect. Habeas corpus came into US through its colonists simply because it was thought to be one of the rights that prisoners should have until proven guilty. During the 16th century, the use of writ in the tyranny of the Crown was used in defense of prisoners. During this time, different ways directed to avoid effectiveness of the writ were developed although they did not work immediately. Due to differences in those ways developed, judges in 1627 came up with a strategy that explained how writ applied to individuals who were detained and how they were supposed to argue their release. It was on matters of Privy Council that was under King’s control, (Morse, 2010).
In 1641, the Star Chamber was abolished by the legislation and apart from that it developed the effectiveness of the writ. According to the law developed, an individual detained in court should be given writ without any form of delay. The legality of any imprisonment according to the law was to be determined within three days. Judges did not comply with the lay, and it made the parliament work on the Habeas Corpus Act, and it was passed on 1679. The statute defined penalties applicable to any person who did not comply with the law as stipulated in the Act. Since then, writ has in different ways as a method to protect the issue of liberty and to some extent prisoners use it as a weapon to secure their justice. Individuals detained for other reasons were included in the writ until in 1816 when the benefits were extended to all without any restrictions, (Harrington & Burnham, 1995).
In most parts of Europe continent, writ does not apply rather individuals are about their charges and allowed develop any legal counsel of their charges. In other countries, individuals are longer before being informed on the status of their imprisonment. The Latin American countries have adopted the use of writ where arrested person get the right to seek for habeas corpus in order to have an explanation of their arrest, (Levin, 2012). These countries either adapt the writ of habeas corpus through statutory enactment or constitutional provisions. The only time it does not apply is on social upheaval or during political times. At this period, the act does not apply simply because it is that some actions may not be justified with the use of habeas corpus, (Freedman, 2001).
Suspension of habeas corpus in U.S
In the U.S. Constitution, the writ of habeas corpus is found in Article One, section 9, clause 2 and provides full information on how the act should be carried out. According to the clause, “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” In 1861, President Abraham Lincoln suspended the writ after he authorized for the arrest to anyone who was suspected to a threat to the government. Civil war generals arrested individuals who seemed to be dangerous for the country and no one was allowed to use writ for the justification of arrest. The congress suspended the use of writ in 1863. The reason behind it was to provide a room for arrested person get fair trial in civilian courts. The Union army did not follow the congress suspension order and it conducted its trials under the Martial Law, (Jones, 2011).
It was until 1867 when the congress passed the act of habeas corpus and allowed the court to issue writs to prisoners. According to the U.S. Supreme Court, federal courts have power to hear and determine the status of state and federal prisoners. Suspension of habeas corpus in the U.S helps the country operate under its security measures in order to safeguard citizens and the country at large. Currently suspension is applicable when the country feels insecure and some arrests are made to determine dangerous people and those who are not, (Levin, 2012).
Relevance of habeas corpus
In the current U.S situation, habeas corpus gives prisoners to be charged on the right time. It requires the court to charge the person in respect to the criminal situation thus determine to the extent that are treats to the country. The current world of terrorists has changed simply because they have developed enough networks that they use in committing criminal activities. U.S is one of the target countries by criminals and also it is among the leading countries with technology. In order to ensure that the country maintains a high level of security measures, all government bodies have been given power to arrest and release individuals in relation to any form of speculations, (Harrington & Burnham, 1995).
Interpretation of the Right of Habeas Corpus
According to the US Supreme Court interpretations, anybody held in US courts irrespective of his or her origin has the right to access and use this right as per its requirements. Even those who are not citizens of United States may use the right in a similar way with the citizens. The application of this interpretation is on the right of any person to get equal treatments in the court of law. On the same not, the court must ensure that it follows right procedures when exercising the use of writ to any person, (Jones, 2011).
Evaluation of Various Perspectives
Currently, terrorism network is the largest network in the world. Unlike in the past where organized crime groups performed their activities separately, they have networked their activities and operations. Criminal activities can be accomplished at any given point by any criminal group. In respect to that, the president who is the commander-in-chief should give orders for the arrest of suspects who might be a threat to the society, (Morse, 2010). Although not all suspects turns to be guilty, it is the work of the president to develop commands in order to retain a high level of security. The work of Congress is to determine whether the country is under invasion or rebellion in order to determine the fate of habeas corpus. This helps the country always stay under the required form of security.
Conclusion
In conclusion, the writ of habeas corpus has been used under different aspects by prisoners when seeking justice. The US congress which is responsible to determine when to suspend the writ of habeas corpus have failed in determining how to try the 169 detained suspected in respect to the 9/11 terrorism situation. It is not justified to hold those people in the red tape else the congress should allow the necessary forces issues the writs in order to justify imprisonment of those charged.
Reference:
Freedman, E. M. (2001) Habeas Corpus: Rethinking the Great Writ of Liberty. New York: New York Univ. Press.
Harrington, J C. & Burnham, A. M. (1995) “Texas’s New Habeas Corpus Procedure for Death-Row Inmates: Kafkaesque—and Probably Unconstitutional.” St. Mary’s Law Journal27 (fall).
Jones, A. A. (2011). “Federal Habeas Corpus Evidentiary Hearings: Has the Court Deliberately Bypassed Section 2254(D)?” Wisconsin Law Review (January-February).
Levin-Waldman, O. M. (2012). American government. San Diego, CA: Bridgepoint Education, Inc
Morse, C. R. (2010). “Habeas Corpus and ‘Actual Innocence’: Herrera v. Collins, 113 S. Ct. 853 (1993).” Harvard Journal of Law and Public Policy 16 (autumn).
Paul D. Halliday & G. Edward White (2008). The Suspension Clause: English Text, Imperial Context, and American Implications,
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