Homework Help

Please explain the right of habeas corpus in the context of the war on terror.

user profile pic

gturner49 | Honors

Posted May 19, 2013 at 2:50 AM via web

dislike 1 like

Please explain the right of habeas corpus in the context of the war on terror.

1 Answer | Add Yours

user profile pic

crmhaske | College Teacher | (Level 3) Associate Educator

Posted May 19, 2013 at 3:07 AM (Answer #1)

dislike 1 like

Habeas corpus is the right not to be unlawfully detained.  If a person is arrested they have the right to request to be brought to court to produce evidence that shows they have been wrongfully detained.

However, there is a clause called the Suspension Clause that states that when the safety of the public is compromised or the United States is in a state of war, then habeas corpus can be denied to a detained individual.  This means that with respect to the war on terror, any person who is arrested on suspicion of terrorism can be indefinitely detained and all writs for habeas corpus by the detainee can be denied without evidence.

Sources:

Join to answer this question

Join a community of thousands of dedicated teachers and students.

Join eNotes