10.11.2006

Habeas Corpus

The cable t.v. show Countdown did a slight overview of the meaning of the writ of habeas corpus. Econo-Girl wanted to talk a little bit more about it.

Black's Law Dictionary states that habeas corpus is "a writ used to bring a person before a court, most frequently to ensure that the party's imprisonment or detention is not illegal."

So if the United States had illegally locked someone up, and there was no habeas corpus, there would be no way to determine if the arrested person was being held in jail illegally. From there, we can infer that there would be no way of getting them out of jail, either. The writ of habeas corpus is "used to test the legality of an arrest or commitment."

See Black's Law Dictionary, Seventh Edition (1999).

Currently, the writ of habeas corpus has been suspended for detainees. So no one has to admit that some of the detainees don't belong there, let alone deserve getting beaten and abused. And if the detainees never see a judge, no one will find out about their beatings at the hands of U.S. soldiers.

Again, Econo-Girl has to ask: how long do you think this is going to last? How long are people going to stay quiet about what has happened in U.S. detention facilities? Not long.

18 comments:

Anonymous said...

Habeas Corpus - Don't be taken from home without it.

Ricky said...

The most unnerving aspect of this whole thing is that U.S. citizens can be stripped of habeas corpus if they are in fact deemed 'unlawful enemy combatants'. Scary. And yet this course of action has supporters.

The Lazy Iguana said...

Everyone knows that the 4th and 5th Amendment only help the terrorists! I say, get rid of them NOW before it is too late!

Mi Gente said...
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Mi Gente said...
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Healer said...
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The Ferminator said...
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Equal Opportunity Cynic said...

In a way it's appropriate, though.

The US public is too stupid not to sell our Constitution down the river, not to become safer, but to feel safer. Oooh, our rough tough pseudo-cowboy President is talking tough to terr'ists while letting the interrogators do the dirty work. I feel so much safer knowing that we're beating up the bad guys, or those who might be bad guys, or those who the bad guys got tortured into saying were bad guys.

So if our public is stupid enough to give up liberty for the appearance of safety, then we don't deserve to be a free country. If "eternal vigiliance is the price of liberty", then it's hard to imagine a society that could deserve liberty less than this one.

So let's save habeus corpus for a society with enough sense to hold on to it rather than give it away the first time the King says it's an impediment to him keeping us safe.

The Ferminator said...
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Richard said...
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The Lazy Iguana said...

By the way - you mentioned something about a boat? Shoot me an email about that! I like all things nautical!

Anonymous said...

When the current administartion leaves, .... That will be the test.
Are all the illegal wiretaps, backroom dealings and secret conflagrations going to stay in our government? or are there going to be corageous politicians that will dismantle all that the Bush administration has built over the rubbles of 9-11.

Richard said...
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Richard said...
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Richard said...
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Richard said...
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Richard said...

Axis Bold as Love,

I don't know what reason you hate me for. I am a Male Victim of Abuse and she has four personalities. I did not want to be a Project for the wrong reasons! I don't hate women and I have sister. Her name is J.J.

I have not received a complaint from the ACLU or the DOJ yet Axis...

I could use a Hug once in a while!

Warm Fuzzies,

The Ferminator

Ferminator said...

Axis Bold as Love,

Did you and the Iguana really get married?

Cool Beans... Love is hard to find these Days... I hope that you teach him to clean the house when you're at work.. Then when you get home you can spend some of that personal Lovin's Time with him!

Please be Careful of the Alcohol is destroys lives...

Time which would have been spent using cleaning the house yourself!

Warmest Fuzzies,


The Ferminator...