The Writ of Habeas Corpus essays

The Writ of Habeas Corpus essays Habeas Corpus is a legal action which is sometimes called a writ and it says a person under arrest is to be brought before a judge to make sure that there is enough evidence to hold the person. If there isnt enough evidence then the prisoner must be released. Any prisoner or a legal person representing the prisoner can request Habeas Corpus. Habeas Corpus does have some limits. It is a guarantee against wrongly holding a prisoner but doesnt exactly protect a persons rights. The right to petition for the legal action has long been celebrated as the best safeguard of the liberty of a person. The writ of habeas corpus was issued by the English courts in the name of the monarch to control inferior courts and public authorities. rather than issuing the writ immediately and waiting for the return of the writ by the custodian, modern practice in England is for the original application to be followed by a hearing with both parties present to decide the legality of the detention, without a ny writ being issued. If the detention is held to be unlawful, the prisoner can usually then be released. On September 11, the United States was changed we became more determined than ever to defend our country. As a result of the tragedy of so many lives lost on September 11 President Bush signed on November 13, 2001 an order establishing the governments right to use military tribunals to try accused terrorist. In 2002, the United States military began bringing prisoners they thought were terrorist to the United States military base in Guantanamo Bay Cuba. The Bush Administration said that the detainees were enemy combatants not prisoners of war. By doing so he bypassed the constitution and the Geneva Convention. Both of those would have served as a protection for the detainees to make sure they were handled properly. President Bush signed an order on November 13, 2001 establishing the government right to use milit...