Criminal Evidence – 6

In 12th-century England, people could be jailed based on anonymous accusations of wrongdoing, or they could be seized on mere suspicion or on the whim of a government official. In response to these abuses, the Magna Carta developed the concept of probable cause and another milestone in the protection of personal liberties was the creation of the writ of habeas corpus.

Please respond to all of the following prompts:

  • What is a writ of habeas corpus?
  • Find a case that dealt with a writ of habeas corpus, briefly relate the facts of the case, and explain how a writ of habeas corpus was an issue in the case.
  • Do you feel that those people declared “enemy combatants” should be provided the same rights under the criminal justice system as United States citizens? Why or why not? Provide a rationale as to the basis of your decision.

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