Habeas Corpus And The War On Terror - 1072 Words

To understand Habeas Corpus and how it has played its part in the war on terror, a look at what it is and how it started should be looked at. Habeas Corpus, (â€Å"you should have the body†), is an old legal procedure that protects against unlawful and indefinite imprisonment. It is issued by a judge and does not determine whether the individual is guilty or innocent, but whether they are illegally imprisoned. If the charges are considered valid, the individual will go to trial, if not, the person goes free. The beginning of habeas corpus has dated back the medieval times. It was first used in 1305, even though some sources say that it was first recorded before the Magna Carta in 1215. Reference was made about habeas corpus by the†¦show more content†¦2) Removal to another federal district court. 3) The denial of bail or parole. 4) A claim of double jeopardy. 5) The failure to provide for a speedy trial or hearing. 6) The legality of extradition to a foreign country. (https://www.law.cornell.edu/wex/habeas_corpus) Habeas corpus is a part of the Constitution (Suspension Clause of the Constitution) in Article 1, Section 9, Clause 2. The clause states, â€Å"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†.(http://definitions.uslegal.com/s/suspension-clause/) The individual who is imprisoned has the right to get a petition to federal court for the writ of habeas corpus. Most of these petitions are filed as a pro se case, meaning they represent themselves rather than by a lawyer. Federal courts have the authority to grant habeas corpus to prisoners but only Congress can suspend the writ of habeas corpus through affirmative actions or a delegation to the Executive. Habeas corpus was suspended in history. The first time was done by President Abraham Lincoln during the Civil War. He imprisoned Confederate sympathizers for no reason other than their Confederate sympathies. He arrested them bec ause he thought they were a threat and used the â€Å"â€Å"unless when in cases of rebellion or invasion† clause to do so. He began