Habeas Corpus And The War On Terror Essays 1 - 30 …
Habeas corpus. – onlineessaywritinghelp
Although the appeals courts decided that their challenges to the convictions should be stayed until their return to mental competence, Justice Thomas of the Supreme Court ruled that an indefinite stay is inappropriate “where there is no reasonable hope for competence.” Justice Thomas added that lawyers could effectively represent a mentally incompetent habeas petitioner facing the death penalty as post-conviction challenges are typically based on court record.
Habeas Corpus: History and Definition - Law Notes
Several controversial Supreme Court cases have come out of Gitmo. One fundamental question that has been debated, but not clearly resolved, is to what extent the war on terror justifies the President’s indefinite detention of enemy combatants without the possibility of the minimal judicial review protected by habeas corpus? Another issue in the debate is to what extent Congress must clearly authorize the President to conduct extra-judicial detentions in order for them to be legal? In 2008, the Supreme Court’s decision in Boumediene v. Bush offered some answers to these questions. However, the deeply divided 5-4 Court and the likelihood of the protracted nature of the war on terror suggest that debate around these important questions will continue. Writing the Final Paper in this course will prepare you to participate intelligently as a citizen in this ongoing debate.