The Heabas Corpus and Its Evolution Essay Example for Free

The Heabas Corpus and Its Evolution Essay An ancient law writ which detains aliens of war in a detention facility by the Supreme Court’s expanded jurisdiction leaves those without knowledge of the Habeas Corpus Act means to understand what the act entitles, its originality, and the evolution. The word habeas corpus in the Latin language means â€Å"you have the body†, which represents an important right granted to individuals in America (Kelly, M.). This is a judicial mandate requiring that a prisoner be brought before the court to determine whether the government has the right to continue detaining them in a detention facility (Kelly, M. ). The person or persons’ being held can petition the court for a writ of habeas corpus if he or she objects to the imprisonment. The petition must explain to the court the imprisonment order is an order of wrongful imprisonment. The right of habeas corpus is the constitutionally bestowed right of a person to present evidence before a court that he or she has been wrongfully accused (Kelly, M.). â€Å"The right of writs of habeas corpus are granted in Article I, Section 9, clause 2 of the Constitution, which states, 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.†(The United States Constitution, 2004) The establishment of the habeas corpus is not certainly clear, but it seems to date back to Magna Carta in 1215 (Robertson, J.D.). According to Robertson, its principle effect was achieved in the Middle Ages by various wits, of which gave similar effect as the modern writ (Robertson, J.D.). The habeas corpus was originally established as a prerogative writ of the King and his courts, now as time passes, the habeas corpus has evolved into a writ petitioned by a person imprisoned acting in his or her own interest (Robertson, J.D.). After reading the article by Robertson it was made clear, during Magna Carta time, habeas corpus was referenced to â€Å"the law of the land†(Robertson, J.D.). With the exact quote: â€Å"No free man shall be taken or imprisoned of disseized or exiled or in any way destroyed except by the lawful judgment of their peers or by the law of the land† (Robertson, J.D.). Shortly after the start of the American War President Abraham Lincoln ordered the suspension of the constitutionally protected right to writs of habeas corpus in 1861(Langley, R.). The reason being was the arrest of John Merryman by the Union troops, but the Chief of Justice of the Supreme Court Roger B. Taney decline Lincoln’s order and issued a writ of habeas corpus with orders for the U.S. Military to bring Merryman before the Supreme Court (Langley, R.). The Chief Justice Taney declared Lincoln’s suspension of the habeas corpus unconstitutional, after Lincoln and the military refuse to abide by the order of the Chief Justice (Langley, R.). On September 24, 1862, President Lincoln issued a proclamation suspending the right to writs of habeas corpus nationwide (Langley, R.). Which states; â€Å"Whereas, it has become necessary to call into service not only volunteers but also portions of the militia of the States by draft in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary processes of law from hindering this measure and from giving aid and comfort in various ways to the insurrection;† â€Å"Now, therefore, be it ordered, first, that during the existing insurrection and as a necessary measure for suppressing the same, all Rebels and Insurgents, their aiders and abettors within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice, affording aid and comfort to Rebels against the authority of United States, shall be subject to martial law and liable to trial and punishment by Courts Martial or Military Commission:† â€Å"Second. That the Writ of Habeas Corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be, imprisoned in any fort, camp, arsenal, military prison, or other place of confinement by any military authority of by the sentence of any Court Martial or Military Commission.†(Langley, R.) As time moves forward to the year of 2006, President Bush signed a law suspending the right of habeas corpus to persons deemed by the United States to be â€Å"enemy combatant† in the Global War on Terror (Langley, R.). This action caused a lot of confusion and criticism because the law did not specify who in the United States would be considered an â€Å"enemy combatant† (Langley, R.). With this action by the Bush administration, the terrorists and other combatants are not covered by the Geneva Conventions due the fact these people are not soldiers and not covered by the U.S. Bill of Rights because they are not considered citizens (Langley, R.). In 2008, after the Boumediene v. Bush, a case which was held in the Supreme Court in regards to five young men were placed in a detention facility in Guantanamo Bay, Cuba in 2002, the Supreme Court ruled that any enemy combatants held in the U.S. territory are entitled to the writ of Habeas Corpus as stated in the United States Constitution, Article 1, Section 9 (Newman, Gerald L.). The evolution of the Habeas Corpus Act was and is intention of ones’ civil rights and liberties. In violation of this act of detaining a person for unjustifiable cause is stripping this person of their liberties, but as time go by there will be more debates to justify this act. As for now, the Habeas Corpus Act is in effect and is very well understood. It can be well said, any one person detained, can well be heard in the case of an unlawful act by the detainee. References Kelly, Martin Definition of Habeas Corpus Retrieved from; americanhistory.about.com The United States Constitution (2004, September) Retrieved from; www.house.gov/house/constitution/Constitution.html Habeas Corpus the Most Extraordinary Writ Retrieved from; www.habeascorpus.net/hcwrit.html Langley, Robert Lincoln Issues Proclamation Suspending the Habeas Corpus Rights Retrieved from; www.usgovinfo.about.com/od/historic/documents/a/Lincolnhabeas.html Newman, Gerald L. The Habeas Corpus Suspension Clause After Boumediene V. Bush Retrieved from; http: //web.ebscohost.com