Essay about Ruling of Gitmo Detainees

Essay about Ruling of Gitmo Detainees

Length: 780 words (2.2 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

The June 2008 Supreme Court ruling in the case of Boumediene v. Bush gave prisoners detained at Guantanamo the constitutional rights to habeas corpus, which prohibits the withholding of a prisoner’s rights to challenge the basis of their detention except in “cases of rebellion or invasion” (Worthington). The decision ruled 5 to 4 that the prisoners have a constitutional right to go to federal court to challenge their continued detention (Greenhouse). Previous court proceedings set up Combatant Status Review Tribunals (CRST) as alternative standards to Habeas Corpus. Prisoners were not allowed legal representation and the U.S. could present “secret” evidence that they were unable to see. In June 2007, LTC Stephen Abraham, an intelligence officer who worked on the CSRTs, questioned their legitimacy and labeled them administrative show trials full of generic evidence that rubber stamped prisoner’s designations as “enemy combatants”(Worthington). His testimony spurred on the review of prisoners rights to habeas corpus and helped pave the way for the ensuing case of Boumediene v. Bush. Although the intent to give the prisoners at Guantanamo the constitutional rights to habeas corpus is judicially admirable, the lack of clear definition leaves lower courts with the responsibility of procedure and sets a dangerous precedent that allows the enemy to benefit from our court systems.
The Supreme Court left to district courts the responsibility for working through the procedure that would govern resulting habeas corpus proceedings. The primary question revolving around the habeas corpus decision is to what level of proof does the U.S. have to show for detaining a prisoner?(Waxman) Determining if it is some evidence, clear and convincing...

... middle of paper ...

...nment’s presentation of the case because it could not “prove” that Al-Mutari definitively trained with Al-Qaida groups (Waxman).
The Constitution of the United States established the judicial system as a check on the legislative and executive branch, but by trying to provide equality it enabled the enemy to exploit legal technicalities. It seems that we should apply logic and common sense when interpreting the decision of the Supreme Court rulings, but as evident by the decisions of multiple lower courts, the interpretation of a ruling can muddy what appears on the surface to be an upfront, equitable, and fair decision. Boumediere v. Bush appears to provide Guantanamo prisoners impartial representation, but in reality allows them to make a mockery of the American judicial system and sets a deadly precedent that thwarts our efforts on the War against Terrorism.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Essay on A Look At Gitmo

- Guantanamo Bay Is there room for ethics in the modern Jihad. September 11th 2001, four planes were hijacked by terrorists after they left the airport. The terrorists on board had 4 targets that they wanted to use their newly acquired flying bombs to hit high rated targets in the United States. 3 of those planes 4 planes hit there targets taking down both world trade center buildings and the third striking the pentagon. These events claimed the lives of over 3,000 Americans and brought America into a type of war that no nation has ever been able to stand against the modern jihad....   [tags: Politial Science]

Free Essays
1596 words (4.6 pages)

International Rights of Prisoners and Detainees Essay

- It is estimated that over 10.2 million people are held in penal institutions throughout the world. With an overall population exceeding 7 billion this means that for every 100,000 people, 144 are detained or imprisoned. The prison population has grown proportionately larger in the past 15 years outpacing the general population growth by 10%. This phenomenon is becoming increasingly more apparent with countries, such as the United States struggling with a colossal incarceration rate, and countless reports of abysmal conditions and inhumane treatment across the globe....   [tags: penal institutions, human rights]

Better Essays
1134 words (3.2 pages)

Journalists Should Investigate Castro's Prisons Instead of Gitmo Essay

- Journalists Should Investigate Castro's Prisons Instead of Gitmo The recent hysterics in the press over the treatment of al Qaeda prisoners give the impression that Cuba is some idyllic bastion of human rights save for that American eyesore Guantanamo Bay. The overzealous reporters en route to the communist isle are hell-bent on discovering some form of torture or mistreatment of the prisoners. Upon discovering that the envisioned inhumanity of "Gitmo" in reality is nothing more than conditions of mild discomfort, these same reporters responded with irresponsible exaggeration....   [tags: September 11 Terrorism Essays]

Better Essays
1045 words (3 pages)

Ruling Class and Ruling Elite Essay

- Ruling Class and Ruling Elite Works Cited Missing The term 'ruling class' is frequently used in Marxist theory to indicate a political leading group. 'Ruling elite' is the general term that appears in the elite theory for describing those who exercise the political power....   [tags: Papers]

Free Essays
1167 words (3.3 pages)

Essay on Control Of The Ruling Class

- As Gore Vidal once said: “The genius of our ruling class is that it has kept a majority of the people from questioning the inequity of a system where most people drudge along, paying heavy taxes for which they get nothing in return” (Vidal, N/A). In our society, the ruling ideas are easily believed and taken as “true.” Advertisements sell ideas and lifestyles rather than objects; people consent to the ruling ideas which in turn make them less of an individual. Although we may live in a culture industry that controls what people believe is right or wrong, there is always a struggle for power....   [tags: autonomy, inequity]

Better Essays
898 words (2.6 pages)

The Ruling Race By James Oakes Essay

- In James Oakes, the Ruling Race, the author tackles many of the toughest questions that arose in southern history. In the Ruling Race, Oakes argues against Eugene Genovese ' American slavery 's ideology of paternalism. The author believes that paternalism died by the end of the colonial era and as a result, there came new slaveholders who were diverse, and influenced by the materialistic buildup in the South due to their search for economic opportunity. Oakes views most slave owners as greedy capitalists who embraced the marketplace....   [tags: Slavery in the United States, Slavery, Capitalism]

Better Essays
1356 words (3.9 pages)

The Ruling Leaders of Syria Essay

- ... The Syrian who suffered a lot from the shi’a led government therefore felt a severe need for change in the government and therefore headed for a historic protest that is still running. The far cries, and screams of the Syrian are still echoing in the streets of war struck Syria against the Asad kingdom but the greed and lust for power and ego for a false religion in asad’s blood is stopping him from stepping down from the throne, thus showing no mercy to the public. The current war in Syria could be translated from many perspectives....   [tags: government, king, violence, public]

Better Essays
710 words (2 pages)

Essay about Ruling Dynasties of China

- China grew to be the largest and most populous country of Asia. IT developed a unique culture by being isolated and having little contact with any other civilizations. After time, its methods of production and system of government here highly advanced for its time. China’s history is shown through the ruling of several different dynasties, their schools of thought and religion, and the vast spreading of their culture to its surrounding countries. Throughout China’s history, many dynasties had their turn at ruling this immensely growing country....   [tags: Chinese History, Asia]

Better Essays
820 words (2.3 pages)

Essay on Ruling The Waves

- Essay on Spar's Ruling the Waves After finishing this book, I immediately thought to myself, "finally!" To explain, the book was not a very fun and entertaining read by any means. At times I found myself reading a couple pages just to get myself tired and ready for bed. However I did feel that this book was very educational and brought up some great points and ideas. Written by Debora Spar, a Harvard professor, I found myself struggling through some chapters simply because of the vocabulary and advanced ideas that she proposed....   [tags: Debora Spar]

Free Essays
1058 words (3 pages)

Ruling Ideologies Essay

- Core Studies 3 Casilda Adames Take-Home Exam November 16, 1999 The ruling ideology dealing with welfare is a negative view among the majority of Americans. It states that welfare recipients are lazy people who have lots of children and collect checks for a long period of time. This statement is believed mostly among higher-class people because they feel that if they can work hard for their money, welfare recipients can do the same, and not live off other people’s money. Charles Murray supports the statement “welfare policies encourage poor women to have more children” in one of his books, but is proven wrong by careful studies and demographics....   [tags: essays research papers]

Free Essays
519 words (1.5 pages)