One hundred twenty thousand. That is the approximate amount of innocent people who are imprisoned in the United States, according to The Innocence Project’s estimates. To some, this may not be startling. Since 2002, the United States has had the highest incarceration rate in the world (Population Reference Bureau), which raises some suspicion about the criminal justice system and amount of people who are lawfully detained. However, it is possible for prisoners to “seek relief from unlawful imprisonment”, through the writ of habeas corpus. On several occasions, our Presidents have enacted legislation that allows them to deny this writ to those who need it most. Presidents who have denied the writ of habeas corpus to prisoners include former
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This writ also applies to other institutionalized detainees, such as institutionalized mental patients (Legal Information Institute). The origin of habeas corpus can be traced back to England. The 39th Clause of the Magna Carta states that "...no man shall be arrested or imprisoned...except by the lawful judgment of his peers or by the law of the land" (Farrell, Rhode). During the time, English citizens held in custody could initiate legal action by filing a petition which would require that “adequate legal justification for their detention” be provided (Legal Information Institute). The court could order the individual’s release if evidence was not brought forward. This concept was adopted by the United …show more content…
This was a result of the attacks that took place on September 11, 2001. Following this tragic event, the President made it his responsibility to protect the United States from future radical aggressions. On October 26, 2001 Bush enacted the Patriot Act. This act “...authorised indefinite detention without indictment for foreigners suspected of having links to terrorist organizations” (Paye). America was now a surveillance state. For instance, phone conversations and emails could now be tapped. To make matters worse, and further violate human rights, the Military Commissions Act was passed in
This writ also applies to other institutionalized detainees, such as institutionalized mental patients (Legal Information Institute). The origin of habeas corpus can be traced back to England. The 39th Clause of the Magna Carta states that "...no man shall be arrested or imprisoned...except by the lawful judgment of his peers or by the law of the land" (Farrell, Rhode). During the time, English citizens held in custody could initiate legal action by filing a petition which would require that “adequate legal justification for their detention” be provided (Legal Information Institute). The court could order the individual’s release if evidence was not brought forward. This concept was adopted by the United …show more content…
This was a result of the attacks that took place on September 11, 2001. Following this tragic event, the President made it his responsibility to protect the United States from future radical aggressions. On October 26, 2001 Bush enacted the Patriot Act. This act “...authorised indefinite detention without indictment for foreigners suspected of having links to terrorist organizations” (Paye). America was now a surveillance state. For instance, phone conversations and emails could now be tapped. To make matters worse, and further violate human rights, the Military Commissions Act was passed in