Habeas Corpus Monica Cruz Ashford University POL 201 Jamie Way May 5, 2013
Our country has certain laws that protect both civilians and prisoners. This law was given a name as Habeas Corpus Act. Habeas Corpus comes from the word Latin which means “May you have the body” stated in the (Encyclopedia.gov). This law Habeas Corpus states that an accused must be brought before a judge and there must be sufficient evidence and reason of why the accused is being sent to jail. By asking for the right of Habeas corpus, this would allow the prisoner to defend their actions or produce the evidence being brought forth is false to keep from in just imprisonment. Recently our nation has been accused of un justice and putting The first known act to that showed the volatile between civil rights and presidential determination came about during the civil war in a case called Ex parte Milligan. In this case a civilian called Lamdin P. Milligan was arrested by the U.S. government and was charged with complicity with the Confederacy as a result of his attempts to undermine the Union war efforts in Indiana. He was tried by a military court and sentenced to death. Although the district court recognized the special circumstances of the insurrection, it held that constitutional principles such as due process could not be negated by national emergency and in so doing overturned the ruling on the grounds that since Milligan was a citizen of a loyal state in which the courts were open throughout the war, the military commission that condemned him had no jurisdiction over him. In this modern era the same case and situation has resurfaced much with the same ideas, but it is now known as Hamdi v. Rumsfeld and is a classic example of how the relevance of these two cases, years apart, still strike up the same debate as to whose power should be ultimately recognized. The Supreme Court showed was to bring out habeas corpus during the case the case of Boumedience Vs. Bush administration had a lot of struggles to prove evidence against detaining prisoner during war time. By bring habeas corpus was to ask directly to the federal judges in Washington to provide the evidence, and justify of
