Habeas Corpus Patriot Act Essay

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Habeas Corpus/Patriot Act

Habeas Corpus: Relevance and Controversies

In basic terms, habeas corpus seeks to offer a detainee a chance to question or challenge the legality or validity of his or her detention. Given that the writ utilizes a fresh lawsuit (civil) to attack a judgment, it is regarded a "collateral attack." To begin with, there are those who see the writ as an obstruction to justice given its general view that the accuracy of a conviction is enhanced by more judicial review. In this case, there are concerns that unnecessary costs may be occasioned by excessive review. Further, it is important to note that offenders in this case may end up loosing especially if the results of subsequent trials end up being worse. The sense of finality may also be jeopardized by the writ.

The habeas corpus law has particularly come under the spot light in the past with detainees held at Guantanamo Bay invoking the writ in an attempt to challenge the legality of their detention.

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In this case, the writ has largely permitted judges to utilize the lowest proof standard to weigh the validity of detention. However, regardless of the controversies surrounding the writ, the relevance of the habeas corpus law cannot be overstated. The law essentially aids justice by seeking to ensure that individuals are not detained arbitrarily. The law also provides a useful avenue for prisoners to challenge their detention by way of questioning the legality or validity of laws utilized in the judicial proceedings.

Part 2

Issues Relating to the Patriot Act and the War on Terrorism

Should the rights and liberties of individuals be outweighed by the need to protect the United States of America from acts of terror? This question does not have a clear cut answer. This is more so the case given the need to protect the nation in the wake of terrorist threats and the need to respect individual….....

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