The Heabas Corpus and Its Evolution Essay Example for Free

The Heabas Corpus and Its Evolution Essay An ancient law writ which detains aliens of war in a detention facility by the Supreme Court’s expanded jurisdiction leaves those without knowledge of the Habeas Corpus Act means to understand what the act entitles, its originality, and the evolution. The word habeas corpus in the Latin language means â€Å"you have the body†, which represents an important right granted to individuals in America (Kelly, M.). This is a judicial mandate requiring that a prisoner be brought before the court to determine whether the government has the right to continue detaining them in a detention facility (Kelly, M. ). The person or persons’ being held can petition the court for a writ of habeas corpus if he or she objects to the imprisonment. The petition must explain to the court the imprisonment order is an order of wrongful imprisonment. The right of habeas corpus is the constitutionally bestowed right of a person to present evidence before a court that he or she has been wrongfully accused (Kelly, M.). â€Å"The right of writs of habeas corpus are granted in Article I, Section 9, clause 2 of the Constitution, which states, The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.†(The United States Constitution, 2004) The establishment of the habeas corpus is not certainly clear, but it seems to date back to Magna Carta in 1215 (Robertson, J.D.). According to Robertson, its principle effect was achieved in the Middle Ages by various wits, of which gave similar effect as the modern writ (Robertson, J.D.). The habeas corpus was originally established as a prerogative writ of the King and his courts, now as time passes, the habeas corpus has evolved into a writ petitioned by a person imprisoned acting in his or her own interest (Robertson, J.D.). After reading the article by Robertson it was made clear, during Magna Carta time, habeas corpus was referenced to â€Å"the law of the land†(Robertson, J.D.). With the exact quote: â€Å"No free man shall be taken or imprisoned of disseized or exiled or in any way destroyed except by the lawful judgment of their peers or by the law of the land† (Robertson, J.D.). Shortly after the start of the American War President Abraham Lincoln ordered the suspension of the constitutionally protected right to writs of habeas corpus in 1861(Langley, R.). The reason being was the arrest of John Merryman by the Union troops, but the Chief of Justice of the Supreme Court Roger B. Taney decline Lincoln’s order and issued a writ of habeas corpus with orders for the U.S. Military to bring Merryman before the Supreme Court (Langley, R.). The Chief Justice Taney declared Lincoln’s suspension of the habeas corpus unconstitutional, after Lincoln and the military refuse to abide by the order of the Chief Justice (Langley, R.). On September 24, 1862, President Lincoln issued a proclamation suspending the right to writs of habeas corpus nationwide (Langley, R.). Which states; â€Å"Whereas, it has become necessary to call into service not only volunteers but also portions of the militia of the States by draft in order to suppress the insurrection existing in the United States, and disloyal persons are not adequately restrained by the ordinary processes of law from hindering this measure and from giving aid and comfort in various ways to the insurrection;† â€Å"Now, therefore, be it ordered, first, that during the existing insurrection and as a necessary measure for suppressing the same, all Rebels and Insurgents, their aiders and abettors within the United States, and all persons discouraging volunteer enlistments, resisting militia drafts, or guilty of any disloyal practice, affording aid and comfort to Rebels against the authority of United States, shall be subject to martial law and liable to trial and punishment by Courts Martial or Military Commission:† â€Å"Second. That the Writ of Habeas Corpus is suspended in respect to all persons arrested, or who are now, or hereafter during the rebellion shall be, imprisoned in any fort, camp, arsenal, military prison, or other place of confinement by any military authority of by the sentence of any Court Martial or Military Commission.†(Langley, R.) As time moves forward to the year of 2006, President Bush signed a law suspending the right of habeas corpus to persons deemed by the United States to be â€Å"enemy combatant† in the Global War on Terror (Langley, R.). This action caused a lot of confusion and criticism because the law did not specify who in the United States would be considered an â€Å"enemy combatant† (Langley, R.). With this action by the Bush administration, the terrorists and other combatants are not covered by the Geneva Conventions due the fact these people are not soldiers and not covered by the U.S. Bill of Rights because they are not considered citizens (Langley, R.). In 2008, after the Boumediene v. Bush, a case which was held in the Supreme Court in regards to five young men were placed in a detention facility in Guantanamo Bay, Cuba in 2002, the Supreme Court ruled that any enemy combatants held in the U.S. territory are entitled to the writ of Habeas Corpus as stated in the United States Constitution, Article 1, Section 9 (Newman, Gerald L.). The evolution of the Habeas Corpus Act was and is intention of ones’ civil rights and liberties. In violation of this act of detaining a person for unjustifiable cause is stripping this person of their liberties, but as time go by there will be more debates to justify this act. As for now, the Habeas Corpus Act is in effect and is very well understood. It can be well said, any one person detained, can well be heard in the case of an unlawful act by the detainee. References Kelly, Martin Definition of Habeas Corpus Retrieved from; americanhistory.about.com The United States Constitution (2004, September) Retrieved from; www.house.gov/house/constitution/Constitution.html Habeas Corpus the Most Extraordinary Writ Retrieved from; www.habeascorpus.net/hcwrit.html Langley, Robert Lincoln Issues Proclamation Suspending the Habeas Corpus Rights Retrieved from; www.usgovinfo.about.com/od/historic/documents/a/Lincolnhabeas.html Newman, Gerald L. The Habeas Corpus Suspension Clause After Boumediene V. Bush Retrieved from; http: //web.ebscohost.com

Quicksand shows Helga’s as a figure of a Mulatto with a constant confli

Nella Larsen deals with the crisis of racial identity Helga has throughout Quicksand. She comments on the life of a mulatto woman at a strict black southern school who wants to find herself. Larsen deals Helga as the ‘tragic mulatto’ from the beginning of the novel setting clearly the views of black racial characteristics. The tragic mulatto being a stereotypical idea of someone doomed to limbo between being black and white. Helga exhibits, an inability to conform anywhere long enough to discover whether she is black or white. The main issue of the novel is society’s guidelines viewing things as black or white with no healthy medium. Helga’s sexuality comes into this as she is unable commit to relations feeling things are missing from her life. The struggle that is primarily at conflict is that of Helga’s relationship with James and Naxos. This makes her frustrated in that she is restricted from herself and has to battle with both James’ ideal s of her and her own. Larsen uses Axel Olsen as a figure that represents the white ideals that are present in Helga’s battle. He characterises how her ‘white’ desires and personality should be. Part of the conflict of self is that of Helga’s relationship with Dr Anderson he is seemingly part of the battle of her black self. It is his opinions of her that keep her from truly doing what she wants, it is frustration that keeps Helga. Another very important aspect of this book in screening the repression of Helga’s repressed sensuality is her eventual marriage of the Reverent. The final aspect is her dress and the way that she behaves, it is initially suppressed and comes slowly to be unleashed by her. These factors are all valid in showing the conflict of race in causing the repression and exhib... ...g with the spiritual feeling of being black. This fact that she cannot find an equilibrium is due to those around her such as James, Dr Anderson, Anne, Axel Olsen and the Reverend. They all are on the black or white scale and she just fits in between. The book never concludes her struggle, so there is still the question of whether she will ever find her identity. The school of Naxos creates brainwashed ideas, even though it is clear she never agreed with them she still cannot escape the beliefs that they held. Therefore she is stuck in a kind of limbo. Dr Anderson is the only man she truly can relate but it is this want for more that stops her happiness with him. Happiness is the biggest issue for Helga and whilst she cannot find a helpful balance in closing she has the most important job of all bringing up children, she is the influential role in their lives.

Ethical Dilemmas in ‘The Dark Knight’

Upon viewing the movie â€Å"The Dark Knight’, audience can hardly distinguish ethical dilemmas raised as their intention in watching the movie was purely entertainment.   However, in order to find such ethical dilemma, one has to track down the movie part by part, scene by scene, or character by character.First and foremost, the way Bruce Wayne tried to hide in public his real identity behind the mask of Batman would suggest one of the ethical dilemma found in the movie.The conduct he exhibited implied dishonesty over sincere intention, which was to help bring out justice in the Gotham City.   Moreover, was it lying in his actions, and to whom it could benefit?   The mask of Batman was created to protect the real identity of Bruce Wayne, and therefore only benefited his own objective.Secondly, another moral dilemma displayed by Bruce Wayne was his view of putting the justice on his hand.   In real life, the existing law was the one to be on top of others as the one w ho wants to put himself on top of the law is prohibited and punishable.   Thus, the movie presented an ethically incorrect principle.Batman was a hero in the eyes of kids, and it was unquestionably demonstrated as he became a just and vigilant justice-giver.   Morally speaking, he ironically followed the ethical theory of Utilitarianism because his decision of sacrificing his own life was indeed a heroic act.   In this conduct, he offered a great benefit for a majority of the population.On the other hand, the degree of his action covered some negative points especially when Batman went wild and violent in public.   Although he neither killed anyone nor hurt any civilians, his reckless action was quite unethical.Damaging public and private property without showing any proper actions such as Batman being put in prison for civil case, created a scenario that kids might follow believing that destructive acts to other’s possessions are ethically correct irregardless of her oic motives and intentions.   Therefore, Batman or Bruce Wayne has to be penalized in the movie for such improper behavior as it could be the only way to balance the weight of Utilitarianism ethical theory.To the case of Alfred the Butler, it is much harder to locate and analyze the ethical dilemma in his behavior.   He always looked calm, reasonable and a friend to Bruce Wayne.   He never committed any unlawful acts perceptibly.   However, as Alfred the Butler knew the real identity of Batman ever since, and as we find the ethical dilemma behind Bruce Wayne’s masked heroism, the existence of Alfred the Butler in the movie made us believe that his connivance with Bruce Wayne or Batman was unethical from the start.

George Burroughs - Salem Witch Trials

George Burroughs was the only minister executed as part of the Salem Witch Trials on  August 19, 1692. He was about 42 years of age.   Before the Salem Witch Trials George Burroughs, a 1670 Harvard graduate, grew up in Roxbury, MA; his mother returned to England, leaving him in Massachusetts. His first wife was Hannah Fisher; they had nine children. He served as a minister in Portland, Maine, for two years, surviving King Philips War and joining other refugees in moving farther south for safety. He took a job as minister of the Salem Village Church in 1680 and his contract was renewed the next year. There was no parsonage yet, so George and Hannah Burroughs moved into the home of John Putnam and his wife Rebecca. Hannah died in childbirth in 1681, leaving George Burroughs with a newborn and two other children. He had to borrow money for his wifes funeral. Not surprisingly, he remarried soon. His second wife was Sarah Ruck Hathorne, and they had four children. As had happened with his predecessor, the first minister to serve Salem Villages separately from Salem Town, the church would not ordain him and he left in a bitter salary fight, at one point being arrested for debt, though members of the congregation paid his bail. He left in 1683, moving back to Falmouth. John Hathorne served on the church committee to find Burroughs replacement. George Burroughs moved to Maine, to serve the church in Wells. This was near enough the border with French Canada that the threat of French and Indian war parties was real. Mercy Lewis, who lost relatives in one of the attacks on Falmouth, fled to Casco Bay, with a group that included Burroughs and her parents. The Lewis family then moved to Salem, and when Falmouth seemed safe, moved back. In 1689, George Burroughs and his family survived another raid, but Mercy Lewis parents were killed and she began to work as a servant for George Burroughss family. One theory is that she saw her parents killed. Mercy Lewis later moved to Salem Village from Maine, joining many other refugees, and became a servant with the Putnams of Salem Village. Sarah died in 1689, probably also in childbirth, and Burroughs moved with his family to Wells, Maine. He married a third time; with this wife, Mary, he had a daughter. Burroughs was apparently familiar with some works of Thomas Ady, critical of witchcraft prosecutions, whom he later quoted at his trial: A Candle in the Dark, 1656; A Perfect Discovery of Witches, 1661; and The Doctrine of Devils, 1676. The Salem Witch Trials On April 30, 1692, several of the girls of Salem leveled accusations of witchcraft at George Burroughs. He was arrested on May 4 in Maine — family legend says while he was eating dinner with his family — and was forcibly returned to Salem, to be jailed there on May 7. He was accused of such acts as lifting weights beyond what would be humanly possible to lift. Some in town thought he might be the dark man spoken of in many of the accusations. On May 9, George Burroughs was examined by magistrates Jonathan Corwin and John Hathorne; Sarah Churchill was examined the same day. His treatment of his first two wives was one subject of the interrogation; another was his supposed unnatural strength. The girls testifying against him said that his first two wives and the wife and child of his successor at Salem Church  visited as specters and accused Burroughs of killing them. He was accused of not baptizing most of his children. He protested his innocence. Burroughs was moved to Boston jail. The next day, Margaret Jacobs was examined, and she implicated George Burroughs. On August 2, the Court of Oyer and Terminer heard the case against Burroughs, as well as cases against John and Elizabeth Proctor, Martha Carrier, George Jacobs, Sr. and John Willard. On August 5, George Burroughs was indicted by a grand jury; then a trial jury found him and five others guilty of witchcraft. Thirty-five citizens of Salem Village signed a petition to the court, but it did not move the court. The six, including Burroughs, were sentenced to death. After the Trials On August 19, Burroughs was taken to Gallows Hill to be executed. Though there was a widely held belief that a true witch could not recite the Lords Prayer, Burroughs did so, astounding the crowd. After Boston minister Cotton Mather reassured the crowd that his execution was the result of a court decision, Burroughs was hanged. George Burroughs was hanged  the same day as were John Proctor, George Jacobs, Sr., John Willard and Martha Carrier. The next day, Margaret Jacobs recanted her testimony against both Burroughs and her grandfather, George Jacobs, Sr. As with the others executed, he was cast into a common, unmarked grave. Robert Calef later said that he had been buried so poorly that his chin and hand protruded from the ground. In 1711,  the  legislature  of the Province of Massachusetts Bay  restored all rights to those who had been accused in the 1692 witch trials. Included were George Burroughs, John Proctor, George Jacob, John Willard, Giles and  Martha Corey,  Rebecca Nurse,  Sarah Good, Elizabeth How,  Mary Easty, Sarah Wilds, Abigail Hobbs, Samuel Wardell, Mary Parker, Martha Carrier, Abigail Faulkner,  Anne (Ann) Foster, Rebecca Eames, Mary Post, Mary Lacey, Mary Bradbury, and Dorcas Hoar. The legislature also gave compensation to the heirs of 23 of those convicted, in the amount of  £600. George Burroughs children were among those.