A question for Legal Beagles (Habeas Corpus)

[BOSSHOG]

If one were not to be granted Habeas Corpus how could they be proven guilty or not guilty of anything? Is this a brilliant caper born in the mind of a conservative or what?

If the bombers of the World Trade Center of 1993 had been denied habeas corpus would they be held somewhere with charges still pending or not pending?

[OwnedByFerrets]

1. With their brains scrambled

so they could no longer be a threat to mankind.:puke:

[TechBear_Seattle]

2. "Habeas corpus" is Latin for "show us the body"

It is a legal maneuver that forces a court to answer, "Is this person's detention legal?" It technically has no bearing on the question of guilt.

The Wikipedia has a decent article on habeas corpus that you might find useful.

[BOSSHOG]

3. But is there not

an awesome connection between legality of detention and is it not a step towards determining guilty or innocence? No habeas corpus would seem to me, no desire to find guilt or innocence or no need to. Just lock em up forever, fuck any trial or evidence or whatever.

[Beausoleil]

4. "Just lock em up forever"

That's just it - arbitrary detention. Detention (except for POWs) is reserved for the justice system, not for the whim of an executive. Because without Habeas Corpus, guilt or innocence is irrelevant. (What you said.)

Disclaimer - not a legal expert!

[redqueen]

5. That's exactly how it was used by kings... and why we need it. n/t

[TechBear_Seattle]

7. Actually, no

Habeas corpus is not just about evidence of guilt, but the legality of the detention in the first place. A person may be guilty and there may be ample evidence to prove guilt, but still be detained illegally. Habeas corpus allows the court to decide whether the charge itself is valid, and it (like any appearance in court) allows the defendant access to legal counsel. THAT is the reason why the administration is fighting so hard to eliminate the writ of habeas corpus: It requires that the alleged terrorists receive all of the rights and protections of the Constitution (inconvenient to the administration as they are), and would allow the court to tell the administration that their actions are illegal. As long as habeas corpus is suspended, the detainees can be held in deplorable, dehumanizing conditions, tortured and denied all of the protections of the Constitution, and the courts can't say "Boo."

[Toots]

6. How do you know there aren't people right now being held

Without ever even knowing why, not allowed to speak to anyone? Think about it...This is what Republicans want... They want you to fear them...FEAR Them...They have ABSOLUTE Power over you and everybody you know....They can say anything they wish about you and you have absolutely no recourse..Ask Jose Padilla....A United States Citizen that was denied his Constitutional Rights. It is amazing anybody even knew about him except for the fact they needed someone to do this to so as to intimidate everyone else. We now know what they are capable of. I wonder just how many other US citizens just sort of disappeared?????:shrug: