Reference no: EM13670461

The purpose of this essay is to focus on the evolution of habeas corpus, and its deferment by the United States, and its significance during the war on terror, and the United States Supreme Court's explanation. These laws are in place to protect everyone and to avoid unlawful apprehension, and ensure that habeas corpus works as intended by the Constitution. Although terrorists are detained and disadvantaged of due process, the war on terror presents a heavy task for the United States. Through history, the incentive of man's self-centeredness has determined in the command of those with little or no power in the lack of the rule of law. The entitlement of Habeas corpus overrides man's understanding, in which permits those blamed, state and federal court representation before judge, or jury. It declares that complainants considered innocent until proven guilty, complainants had the right to be in court in person and obtain representation as charges are brought forth. The U.S. Constitution needs to be better incorporated into the Guantanamo procedures to give fair rights to prisoners regardless of citizenship and more humane ways of investigating possible "enemy combatants" to fairly determine whether or not they really should be considered terrorist threats.
The historical evolution of habeas corpus developed from the Magna Carta, also known as the English Bill of Rights began in England in the early 1200s. Under force from English barons, King John of England put his signature on the Magna Carta in 1215, in which included a list of civil liberties and human rights. It declared that the King needed permission from his legislative body to inflict taxes upon its citizens. Halliday (2011) notes that habeas corpus serves as a writ and a scrabble parchment that a judge ordered a jailer to bring forth a named prisoner to court to face said written charges. This very important document additionally established that trial and due process of law must occur previous to confiscating property or freedom from any free man who resided in England. Instead of King John stepping down from power he agreed to place boundaries on the power of the monarchy, sign the Magna Carta, wherein honored the constitutional rights and privileges of his countrymen.