Restrictions on Habeas Corpus ( Archived) (73)

Colleene1024: So, is a terrorist consdered a war participant or a non combatant?

Colleene1024: Here is a really good question for everyone.....Those terrorists who are adults also have children. They drill all this religious stuff in their heads that makes them terrorists. What should happen to the children if they were cought along with the adults?

Conrad73: Might depend on where he is grabbed!

gardenhackle: Declarations of war aren't usually done any more, nor are they a necessary protocol. I did a little looking into this some time ago and there haven't been any "declarations of war" in quite some time even though there have certainly been wars and the wars would have been governed by the Geneva convention regardless.

Colleene1024: Habeas Corpus is a centuries old legal mechanism that prevents government from arbitrarily detaining its citizens. Its originated in medieval England and operates in many countries influenced by the English common-law tradition. In the USA Habeas Corpus a petition to a state or federal court, on behalf of a prisoner, requesting that the court review the basis of the person’s detention. Habeas Corpus is considered to be one of the foundations of constitutional democracy and the principle has been adopted by many countries throughout the world. In the United States Habeas Corpus is a fundamental piece of the legal system that allows capital defendants to challenge death penalty rulings and immigration detainees to challenge the legality of their detention. It is protected by Article I, Section 9 of the Constitution, which states, “The privilege of the write of Habeas Corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.”
After the attacks of September 11 2001, the Bush administration began to challenge the applicability of Habeas Corpus to terror suspect detainees. The legal and political battles around restrictions to Habeas Corpus have been fierce. Most recently, in Boumediene vs Bush, the Supreme Court held that terror suspects detained at Guantanamo Bay are protected by Habeas Corpus.

The Debatabase Book, 4th Edition with additional material by the Editor ( United States ) Should the ancient right of Habeas Corpus be limited or suspended as part of efforts to combat terrorism?

IMO There is no reason why the United States cannot uphold constitutional protections such as Habeas Corpus and effectively combat terrorism at the same time. The two are not mutually exclusive. In fact, ensuring that suspected terrorists have access to Federal courts will save much-needed resources and ensure more accurate administration of justice. In the present case, it is unclear which of the Guantanamo detainees actually committed the acts that are used to justify their indefinite detention. Allowing detainees to challenge their detention would bring clarity to this uncertain situation and free up resources in the war against terrorism.

mastic55: The day Kennedy took office, America changed in the wrong direction.Guy's like Ike knew how to run a country.But the country was too young to know better......No way would the old America vote for a prisdent who said"I didn't inheal". I know I'am crazy, but I know in my mind I'am right.