Habeas Corpus

8/21/2023

Article I, Section 9 of the U.S. Constitution allows the Executive Branch to suspend habeas corpus when in cases of rebellions or invasions.
*On September 24, 1862, President Lincoln issued a proclamation suspending the right to writs of habeas corpus during the Civil War.
*On February 19, 1942, President Roosevelt signs Executive Order 90066 authorizing military areas for people considered to be dangerous to U.S.
*On October 17, 2006, President Bush signed a law suspending the right of habeas corpus to persons "determined by the United States" to be an "enemy combatant" in the Global War on Terror.
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1. Do you believe habeas corpus should ever be suspended, allowing the U.S. government to imprison individuals without formal charges or a right to a fair trial? What about in times of rebellions or invasions (9/11 & Pearl Harbor)?
2. Two summers ago, the State of New York suspended Habeas Corpus for citizens protesting the murder of George Floyd. Do you believe it is right for the government to suspend Habeas Corpus rights for New Yorkers who were arrested in their protest of the killing of George Floyd? Why or why not? Explain your answer. View the link to the article on New York/Habeas Corpus: Show evidence from the article incorporated in your response for full credit.
https://www.highsnobiety.com/p/habeas-corpus-explained/
Due Friday 9-2-22

10 Comments

Jiajia Chen Zhen (period 2)

9/10/2021 11:36:38 pm

1. Habeas corpus should never be suspended because everyone has the right to a fair trial and it is unfair for the U.S. government to imprison individuals without formal charges since everyone deserves to know what is going on and the right to tell their side, the right to defend themselves. The U.S. government have no right to imprison individuals until it is proven guilty and before it is proven guilty the person is innocent. Everyone should have the right to freedom of speech, the right to speak, and the right to have their words to be heard. Before deciding, all individuals should have the chance to tell their side of the story. I believe that everyone has the right to defend themselves instead of getting imprisoned for no reason.

2. I believe that it is not right for the government to suspend Habeas Corpus rights for New Yorkers who were arrested in their protest of the killing of George Floyd. No matter who I believe that every citizen deserves the right to a fair trial to defend themselves if they are innocent and the right to speak. The side of the individual story should be heard before making the decision. According to Alexandria Ocasio-Cortez from the article, "Civil liberties protect ourselves from governments using 'crises' and 'emergencies' as justification to dismantle our rights,"... "This is the suspension of habeas corpus, it is unconstitutional, and it is deeply disturbing that both NYPD is seeking it and a judge rubber-stamped it". I agree with her that the government doesn't have the right to detain/imprison anyone without listening to their side of the story and before they are proven guilty. Every citizen should have the right to argue, to speak, and to defend themselves.

Kalvin Chee

8/30/2023 10:54:52 pm

No, I think the Habeas Corpus should always be fair no matter what. Everyone has their own rights to have a fair trial. Some people can be framed for they have done or set up. For some examples like the 9'11 people were taken away without anything to speak and were locked up for several years. We don't know if there bad people or not but everyone should have a right to speak. and pearl harbor. Another example Pearl harbor the Japanese were taken away into camps, that were not even trialed. They just pack there things and left. I think everyone should at least be fair and even if is a fair trail if there guilty, they go to jail either ways.

2- I I believe that it is not right for the government to suspend Habeas Corpus for New Yorkers who got arrested during the protest of George Floyd. Even though come citizens did some bad stuff and took advantage of it some didn't. For example" Alexdria Ocasio Cortez" has tweeted that Civil liberties protect ourselves from governments using “crises” and “emergencies” as justification to dismantle our rights. I agree that the government doesn't have to do this but can find another way that can fix it. Even though it was out of control we don't have to take out people rights and let them be thrown out in jail. Every citizens right or wrong, should have the rights to speak.

erik vidales

8/31/2023 10:58:02 am

1. I think it would be wrong if the government suspended that law because it is right for people to fight even though they did break the law. But also it couldn't have been there fault. Like when there are riots the police officers will just arrest for no reason, which doesn't make sense. Like when people fought back to what happened to George floyd is right but a lot of people were arrested for fighting back which is very wrong. For example say you see someone liter at a place where if you liter you will be charged or arrested and a officer see it but thinks you did it so if the government got rid of that law that person would just go to jail and not fight back.

2.I think it is wrong for what happened because George Floyd was a inncent man and the officer was a racist police officer. I think it was wrong that the government suspended the law and people were just trying to fight back for wrong and for their kind. Also a lot of famous went to the riots and fought back. That's how you know all people can fight back and have no previllages. But what also is wrong is that the offcier was not arrested but was suspended which i think is wrong and should've been fired and arrested.

Aritsa Bardales

8/31/2023 07:50:35 pm

1. I believe that they should not suspend habeas corpus because everyone has a right to speak up for themselves and to defend themselves. They have no right to keep the innocent in silence and question what they did wrong for them to be in jail. Every individual should have a fair trial and break silence. Until they are proven guilty, they should be imprisoned.

2.The government has no right to arrest people that protest. The case of George Floyd was absolutely brutal. Everyone has the right to stand up and speak about the case. Yes, some individuals did break the law and break into a store, but the government doesn't have the right to detain people who have done nothing wrong.

Nancy Huynh

8/31/2023 09:49:27 pm

1. I don’t think the Habeas Corpus should ever be suspended under any condition. Under times of invasions or rebellions, not all suspects are guilty. They should be given a chance to present themselves at court to be able to explain themselves. No one should be arrested or detained without an explanation or a chance to speak for themselves. There had already been cases where citizens had been imprisoned without a valid reason and a chance to speak up to defend themselves. They were separated from their families and detained for a long period of time even though they had never done anything. Therefore the Habeas Corpus should never be suspended, for it can cause many innocent people to suffer.

2. No, I think the Habeas Corpus should never be suspended. In some cases most people might be guilty, but that doesn’t mean everyone else is also guilty. An example of this would be the Black Lives Matter protest after a male named George Floyd had died under the custody of the police. Protests took place nationwide and that also includes New York. However, in New York the “...NYPD has been given the green light to indefinitely detain both criminal looters and peaceful protestors who violate New York City’s recently established curfew.” This is not fair because it is restricting people’s freedom even though they are just trying to voice their beliefs without causing any trouble. Most importantly, the police are allowed to arrest anyone who is out after the curfew without giving them a chance to explain themselves.

Malia Nakasone

9/1/2023 07:45:01 am

1. I don’t think habeas corpus should ever be suspended because everyone has the right to know why they are being detained and should get a chance to come before a court to defend themself. Without habeas corpus detaining people would be unfair and not right. If a person were doing something illegal the police would have a right to detain them for breaking the law and be brought to a court. By just detaining without habeas corpus it takes away our right to a fair trial. As for times of rebellion, I think it is still wrong to suspend habeas corpus because the people acting in rebellion are still people and still have rights. Even if what they are doing isn’t the best they still have the right to a fair trial and detainment knowledge.

2. I don’t think New York suspending habeas corpus was the right thing to do because it take away from the rights of the people. In the article What is Habeas Corpus and why is it so Relevant Right now? It states “As habeas corpus is enshrined in the US Constitution, its suspension is unconstitutional.” This tells us that it wasn’t even legal to suspend habeas corpus which shows how wrong it is to actually suspend that law. The article also states that the NYPD was “given the green light to indefinitely detain both criminal looters and peaceful protesters who violate New York City's recently established curfew.” Peaceful protester, people who were solely there to stand up for what they believe got detained unfairly because of the suspensions of habeas corpus which isn't right.

Naomi Tapia

9/1/2023 09:38:29 am

1. I dont think corpus should be suspended because people need to know the right why they are being detained and should have a right to go to court and defend himself .

2. i believe is no a right for the government to take away rights from people because

Kayle Castro

9/1/2023 09:48:19 am

1. No, I think that Habeas Corpus should stay and should always be fair to everyone. Everyone has their own rights to have a fair trial so removing Habeas Corpus would be wrong. An exaple of this would be 9'11, people were taken away without anything to speak. We don't know if they were crimianls/terrorists or not but everyone should have their own rights. There is a side to every story and Habeus Corpus provides people to give out there story and lets them be heard. Many people can be accused for a crime but with this law, it helps people like that prevent gettig arrested for a false crime.

2. There are many sides to every story and in this George Floyd event caused the police to arrest/detain those who may have been related to the killing. Personally I think that it was wrong for the givernemnt to susspend this law, it was unfair to the public. If they law was still in place for New York, many people could have been saved fro, being arrested since many were taken on flase accusiations.

Brenda Zhao

9/1/2023 11:00:04 pm

1. The habeas corpus should not be suspended because the person involved should have the right to why and what happened for them to get into this situation.

2. About New York suspending habeas corpus for the citizens protesting the murder of George Floyd, it is totally wrong, and it gave made the citizens found out the other side of the government. Where this quote comes in ‘No justice, no peace“. It is not fair for the public, where a person used his life to resist, and he didn't even did anything to the police, but the croud just asking to let him go because he couldn't breathe been took away the rights to be protected by law, at this point, people will know that the upper levels would just use law tobring these things down.

Emely Alvarez (Period 2)

9/15/2023 12:34:32 pm

1. I believe that the habeas corpus law should be suspended because I don't find it fair how people just get thrown into jail for no reason at all. All they're doing is hanging out or walking and then they just get thrown into jail. There's no point to it and people should be able to be free not locked up. I´m glad they didn´t have the habeas corpus law during the rebellions or invasions because life would have been a mess. Everyone would be mad, chaos would be out of control, etc. It would be too much for people and we would be scared to even go outside. Thankfully we didn't have that law and even though life isn't that good, it's still way better than having the habeas corpus law.

2. I think that it was not right of the government to suspend Habeas Corpus. Back in 2020 George Floyd got pushed down to the ground and had an officer's knee on his neck. The officer wouldn't let go and because of that, he sadly passed away. A lot of people were furious about that, so they started a protest. It was a good idea for them to do a protest, but it was not fair for the cops to start arresting people because they were protesting. They were protesting for a good cause and the cops should not stop that. It's not illegal to protest and I hope that every person got to say what they wanted to say.

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