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Analysis of the fifth amendment
Guantanamo Bay and human rights abuses
Analysis of the fifth amendment
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Police officers can hold you for up to fourteen days if you are arrested under the Terrorism Act. Which includes any person that engages in domestic terrorism, any act dangerous to human life, that is a violation of the criminal laws of a state or the United States, if the act appears to be intended to intimidate a civilian population, influence the policy of a government by intimidation or coercion. Indefinite detention is the incarceration of a person by a national government without trial. Government officials should not have the right to detain suspected terrorists without trial because it violates the essence of American process and the rule of law. Officials do not need to detain terror suspects without trial because they can be prosecuted under the U.S existing court and laws. And any law that purports to authorize the long-term detention of suspected terrorists on the basis of perceived future dangerousness rather than past criminal conduct will likely be invalidated by our federal courts. A system of detention without trial for terrorism suspects would rightly be viewed by Americans and throughout the world as an illegitimate continuation of the Guantanamo Bay Detention Camp. Also often called Gitmo was used to house Muslim militants and suspected terrorists captures by the U.S forces in …show more content…
The indefinite detention provision of the law was described as a “historic assault on American liberty”. United States District Judge Katherine B. Forrest, ruled the detention violates the first and fifth amendments of the Constitution and issued a Preliminary Injunction preventing the U.S government from enforcing it. As stated in Article 10, everyone is entitled to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any charge against
If the right to habeas corpus is not being extended to the detainee, the majority judges are of the opinion that the branches such as executive and etc. except judicial, would have a whole control over Guantanamo Bay causing the judicial branch to have no position in reviewing the legal processes. The majority judges had stated
Detention is a term used by certain governments and their military to refer to individuals held in custody. Most of the time rights are taken away from the person in detention.
Bail is often left to the judge’s discretion and depending on the seriousness of the offense, the judge can act accordingly to the bail sentence, whether it may be a money bond or a mere promise to appear in court. The judge also has the authority to deny a defendant’s bail if deemed a danger to society. I personally believe the preventive detention act is important, especially in cases of high risk witness to testify against the defendant. U.S. v. Salerno is an intriguing case involving the captain of the Genovese crime family. Charges against Mr. Salerno demonstrated several accounts of racketeering and also alleged murder. Given such a high risk target, the courts rule to confine Mr. Salerno was important to protect
Allows a federal judge to detain an arrestee pending trial if a defendant constitutes a danger to other persons or to the community
(Tung 456) Not sure if this is even right to do, even though the person being suspected is doing wrong. Since there are many gray areas, we can and cannot be certain of the legality of this. As of 2009, there seems to be around 300 people who were detained in Guantanamo. The President has called for a review of all the detainees, but it seems like there are setbacks to this course of action.
According to the Fifth and Fourteenth Amendments of the United States Constitution, the government is not allow to take away any individual’s life, liberty or property without a fair due process of law. Within the due process we can find the substantive and procedural process (Wasserman, 2004). The substantive put limits on the government actions such as interfering with certain personal basic interest. However, the procedural process protects the accused individual’s rights by ensuring that such person has the opportunity to be heard, and get a fair trial.
There are a few elements that need to be introduced before an arrest is taken place. These few elements are Seizures and detention, Intention to arrest, Arrest Authority and lastly understanding for the individual that they are being arrested. To discuss these elements it first starts with seizure and detention. Seizure and detention have a two-lane road which is actual, meaning that a person is taken into custody without using the use of force but very few touching is sometimes involved or by firearm, the other way is constructive which means when an individual's corporates with the officer peacefully. It is known that if neither of these exists the arrest isn't valid (Del Carmen). Another element of arrest is the intention to arrest. The intention to arrest clear means that the law enforcement officer has the intention to arrest individuals by words of mouth or with action taking place. Without the intentions to arrest on the scene it would also be considered invalid (Wadia Whalen). Also with the intention to arrest once words and action are taken place, the officer has to take the person down to the police station or before a judicial officer. The intention to arrest is quite hard to prove because it's whatsit in the officer mind. The other element listed above that is
Another reason why some utilitarian thinkers will support torturing these suspect terrorist because law enforcement is saving American lives. On the other hand, other utilitarian thinks will condemn torturing terrorist because affects a personal moral standards to conduct themselves as a productive citizen (“The ‘ticking time bomb’ problem,” 2014). An additional reason why some utilitarian thinks condemn torturing terrorist because it provokes intense psychological pressure to reveal answers that law enforcement may want to hear that’s incorrect. Furthermore, depending on which utilitarian thinker discussing the use of torturing a terrorist, the action could be justified because it prevents further or future injury. Additionally, other utilitarian thinkers would rebuke this action because hurting another doesn’t help people that have already been injured by a terrorist
This law infringes on section 2. c) by depriving the right to peaceful assembly as the police will not take into account what the people are doing and will take home anyone and everyone fitting the [already deemed unconstitutional] preset criteria. It infringes on section 7., it deprives liberty of these people to not give them the choice, and the reasons do not affect the principles of fundamental justice at all.
A common problem of the police force is the arrest of individuals with no real suspicion or actively trying to send the individual to court. This is also a tactic used for protestors for the upholding of human rights. This unnecessary arrest is also usually used against individuals targeted by the government or by certain police officers with grudges. While The Law of Penal Procedures give guidelines in the receiving of a lawyer and a maximum number of days in jail, many police officers abuse the Cuban constitutions stance on non-socialist minded individuals. This part of the Cuban constitution lets the police strip all civil rights of an individual if they are believed to be impeding on the government 's socialistic ideals.
The tort of false imprisonment is restraining someone in a limited area without her consent or justification. It applies even to governmental detention. The IPC deals with false imprisonment under the topic of “wrongful confinement” from s.339 to s.348. The restriction with respect to any good is also considered to be false imprisonment.
...States, Britain, and Israel Detain and Incapitate Terrorist Suspects.” The Journal of the Naval Post Graduate School Center for HOmeland Defense, and Security. Vol IV No. 3. Oct 2008. Web. 1 April 2014.
Preventive detention can be defined as a practice of detaining accused individuals before trial on the assumption that their release would not be the best interest of the society. That they would likely carry out violations in the event that they would be discharged. Preventive detention is also used when the release of the accused is felt to be detrimental to the state’s ability to carry out its investigation. Most persons held in preventive detention are criminal defendants, but state and federal laws also authorize the preventive detention of persons who have not been accused of crimes, such as mentally ill persons.
Terrorism will happen again regardless of how prepared the U.S. thinks it may be. This means that it is the country’s job to ensure that there is a continuation of measures that should be taken to fight against terrorism. Others believe that the U.S. is fully prepared for another terrorist attack and that enough has been done. The question at hand is, should the U.S. still be concerned about terrorism. The United States needs to be concerned about terrorism to prevent tragedies like 9/11 from happening again, to address problems with domestic terrorism, and to improve homeland security.
Following terrorist attacks perpetrated by Muslims, such as the San Bernardino Attack, in which there are high civilian casualties, there is always an inevitable discussion surrounding the threat of islamic extremism and international terrorism. Such discussions are led by mass media and politicians and many argue demonize all Muslims, lead to xenophobia and islamophobia and do little more than fear monger. Many people also criticize the seeming hypocrisy of covering such terrorist attacks so widely and insinuating that the Islamic faith is inherently violent and promotes extremism and the Quran provides the underpinnings for terrorism when domestic terrorism is also a prevalent problem in the united states