Civil Lliberties

Civil Liberties, Habeas Corpus, and the War on Terror


                                            Instructor Angela Hermosillo

                                                                  October 28, 2013

  Civil Liberties, Habeas Corpus, and the War on Terror

Habeas corpus is a civil liberty that is recognized under law within the United States of America in Article One of the Constitution. Habeas corpus is a legal action that ensures that a person that has been arrested or detained by the police or military can see a federal judge in a court of law, in order to decide if there arrest or detention is lawful or unlawful. This civil right ensures that all Americans have a fair chance to hear their side of the story and have the opportunity to plead guilty, not guilty, or no-contest or nolo contendere in Latin. Habeas corpus basically gives a person that is being detained their individual freedom and assures them that they will not be locked up and forgotten about within a prison or detention center. Determining whether or not a person should be imprisoned or detained without the possibility of seeing a judge for false imprisonment is a complex and very controversial decision to make as seen in previous United States history and in current situations on the war on terrorism.
According to the Cornell University Law School website, Habeas Corpus is defined as “Latin for "that you have the body." A writ of Habeas corpus is used to bring a prisoner or other detainee (institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. In the US system, federal courts can use the writ of habeas corpus to determine if a state's detention of a prisoner is valid. A Habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody. It can also be used to examine any...