what is habeus corpus and why should I be afraid now that it's been revoked?

Question

I just cant go to my own trial or I don't really even know what I am charged with?

Answer 1

Habeus corpus literally mean "produce the body"...in other words, where is the person you have arrested. It ensures that you cannot be held without a public charge of what you have been arrested for and it provides a way of making the authorities bring you to a public hearing to state the charges against you. Without it, they can just imprison you and keep you inside and never charge you or let anyone know where you are or why you're there. Regardless of what assurances you have heard that this will not apply to you, or anyone you care about , believe me it will...you can now be charged on hearsay evidence...someone heard someone say that you were affilliatated with terrorists. Also, they can use evidence against you without allowing you to see it...in the interest of "National Security". This is how the Nazis gained power Read some history...we're headed down the same path. "Well, we THINK he's a terrorist" to "well, he LOOKS like a terrorist", to " well, he disagrees with us, therfore he's a terrorist".

Answer 2

habeus corpus is now and forever suspended for ANYONE be they american or not, uniformed or not, ever touched a weapon or not, or spoke about terrorism or not. The person not eligible to be told the charges against them is called an enemy combatant. There is one person and one person in the entire world that can decide whether or not an american citizen can be called an enemy combatant and that is president Bush. Once an american citizen has this label, all their rights as an american are suspended. They can be detained anywhere for any amount of time for any reason that the president sees fit. If your family member was dating someone who was related to a terrorist. Then you could very very likely be labelled an enemy combatant and disappear for any amount of time and never be told why or put on trial to show your innocence. Some people say thats just fine with them. Well I hope they keep the smirk on their face when they get shuffled off to prison for chatting with the wrong person online. And they couldnt prove their innocense because they are an enemy combatant. See ya later traitors of the Constitution!

Answer 3

The right means "look at this" when a person needs a review of a case like knowing he is falsely imprissoned, as I was once, the person has a right to a Wit of Habeus Corpus instructing the court to look at this. This does not usually work being that the court is a judge and a person therefore asks the judge to admit a mistake....however in each state an D.C. a person has the right to two forms of government federal and state or City of D.C, however this usually does not work as again it is an embarrasement but also the prison a person is sent to by the initial judge works for the judge. The System doesn't work, as I caused President Bush to say, and therefore you need not concern yourself with revoking of this right that doesn't work anyway.
In my case I went to jail without the right to testify, defend, no prosecuting attorney, no defence attorney, twice, for official child abuse I had to know about as it was my girlfriend's daughter that was abused by the previous boyfriend. Sure there was a movie called Trial&Error mad for Pax TV and many government input to Hollywood Sliders episodes and Star Trek Voyager episode "Bliss" but the System flat out fails. And the UN said, "The United States is famous for political prisoners" just prior to 9/11 thanks to me. BUT THE SYSTEM DOESN"T WORK ANYWAY.

Answer 4

Habeus Corpus (Show me the body) is a Constitutional legal principle that says that you cannot be tried without having access to the evidence that will be used against you, and you cannot be tried unless there is evidence against you.

The song and dance about habeus corpus is a sham, to great extent. The recent bill dealing with how to handle the detainees at Guantonimo Cuba denies habeus corpus by allowing these people to held indefinitely without being told the evidence against them. Also, even when they come to trial, some evidency might be withheld because it would compromise national security.

But this only applies to the detainees. You are fine.

Answer 5

Gerry T is absolutely right on this from a legal perspective. His answer deserves to be read again.

Despite what we heard while this bill was being debated, Americans can be held as enemy non-combatants.

A summary was in yesterday's papers - Americans can be charged, no right to an attorney, no habeus corpus, defendants can be held indefinitely without hearing the charges against them, President's office determines whether interrogation method is inhumane, coerced confessions and heresay evidence are admissible at trial, defendant's right to see evidence against him is limited, but he can usually attend his trial. If convicted, defendant can be sentenced to death.

Answer 6

Habeas corpus says that the arresting entity must go to a court and state the charges being brought against you within a set time. This guarantees that the government cannot detain any person forever without bringing charges. It guarantees against unlawful imprisonment. In other words, they can't lock you up and throw away the key with you having no hope of ever seeing the light of day anymore without having the chance to answer the charges.

Answer 7

September 28, 2008
Remarks by Senator Barack Obama

In the five years that the President's system of military tribunals has existed, not one terrorist has been tried. Not one has been convicted. And in the end, the Supreme Court of the United States found the whole thing unconstitutional, which is why we're here today.

Instead of allowing this President - or any President - to decide what does and does not constitute torture, we could have left the definition up to our own laws and to the Geneva Conventions, as we would have if we passed the bill that the Armed Services committee originally offered.

Instead of detainees arriving at Guantanamo and facing a Combatant Status Review Tribunal that allows them no real chance to prove their innocence with evidence or a lawyer, we could have developed a real military system of justice that would sort out the suspected terrorists from the accidentally accused.

And instead of not just suspending, but eliminating, the right of habeas corpus - the seven century-old right of individuals to challenge the terms of their own detention, we could have given the accused one chance - one single chance - to ask the government why they are being held and what they are being charged with.

Answer 8

Habeus corpus hasn't been revoked. That is leftist propaganda.

If you are in the US the Military Commission Bill doesn't apply to you.

If you are a terrorist, or a person out of uniform who raises arms against US troops, be afraid. Very afraid.

Answer 9

Habeas corpus means that the court can require any government entity to present a person in its custody and provide the details why the said person is being detained.

Answer 10

If you are a national born citizen, who is not remotely associated with Islamic Fundamentalism, then you have nothing to worry about, your right to habeas corpus has not been revoked.