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How Habeas Corpus Works

2008-12-30 | 🔗

Habeas Corpus is a Latin term meaning "you have the body," and -- in theory -- guarantees an incarcerated person the right to have a court determine whether he or she is imprisoned lawfully. Listen to this podcast from HowStuffWorks to learn more.

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welcome to study, should now from House TAT works that pay and welcome to the Pike ass. Welcome this that we should know, I'm Josh say how I am going to great. Gold, but I will check you know: what's explicit, you're really really cool this January twentieth with sixty significant day we heard about them in the subway? That's a good one. Thanks is at the inauguration. Yes, it is in their expecting up to maybe four million people right and a worst case scenario there. Talking is thirty? Thirty one degrees and raining rising of the see and frozen. Gonna, be all you know, Bob people dying left and right, basically, children exactly peril. I'm sort of probably the if that happens, the most the most death fraud
our of all time or and there's been some pretty bloody once really, I don't know, I'm not sure, but I personally am looking forward to the inaugural session because, as I understand it, Bronco bomb we ve heard of him President elect our next president. Yes, he is planning on restoring a part of the constitution that was shaved off a couple, ago, will think of habeas corpus? Yes, you ve heard of this. I have it is a latin term, and you said you took latin and high school. No, no, I took German. Did you keep discontinue surprising to me, you seem like a spanish guide. I I would definitely said spanish. I wish I had taken Spanish. It would be better now for it, but although you could definitely get yourself at a desk, job has the forts Frankfurt. Is there also fortunate I imagine that create one for you, though, if you've lobbied for
so habeas Corpus is latin in it means you have the body and tell you what it is that its legal term right that there it's kind of in order from a judge to a jailer saying you have the body bring him to me, so we can figure out. If he's imprisoned, legally or not right over the circle. I'm glad we're doing this because I never Vienna it's when those terms. Everyone's probably heard of but doesn't know a about. Gathers to basically what habeas Corpus does, as we have a set of guarantees in the constitution and the bill of rights. Actually you really take a look at the year, the bill of rights. You know the framers top ten great protections right that, like that list, they most of it has to do with
being prosecuted right in a thing. So in taken altogether, it's called due process. So you have a right to confront your accusers sure. You have a right to council, speeding, trial, speedy trials of big lion, Votre Fair trial, huge force, but the thing is: is You know that these things can be guaranteed to you and I all day long, but they know anything, if we don't have any action to take to ensure that there are actually being carried out exactly the these guarantees are being delivered on and that's what habeas corpus, as is its that mechanism by which these constitutional protections are. You know, guaranteed right. There was a great summation thanks a lot while that it for today, if on that's all for me folks, now wouldn't put this on makers. There's a light to come. Your me to carry the corpus part yeah. Ok, so
It's not. This is not a new concept. It actually date back before the framers created the constitution and ratified in seventeen. Eighty nine right goes back to England, correct it its english common law and those in the seventeenth century. If you're, a Catholic like I was raised, you'd, be in grave danger of being picked up by the kings, men and jail right, because this is the time when I believe it was king, Henry one of the kings in other. To so many I can't keep em straightening. Ah, when whoever king who had established the church of England and
You know that was the big rival to the catholic Church right. So he wanted a a state, sponsored state, run church and didn't really want competition. So if you're catholic, you were probably going to be imprisoned in health and not given a trial or anything like that, no due process now, so parliament came up with this this protection, and actually it may day back further than that. Some people say that it's it's kind of implied by the Magna Carta right, which was twelve fifteen. It running mean long long time and it is by a bit actually became codified as habeas corpus and in seventeen Century England ran the framers picked it up in its in the constitution is a huge right. You know, and american practice. If you have habeas corpus, the process goes like this year tried or your jailed. Even you can say your jail most of the time
you ve already been tried, and in now you ve been convicted in incarcerated and rid of habeas corpus can actually be illegal strategy where, after all of your appeals, run out, you can use it. You can issue a petition of habeas corpus, right and you're saying hey judge. You know, I don't think it my trial, I was given a fair trial, see you know my counselor was inadequate armies drunk all the time that kind of thing or the prosecution like head. You know important evidence that would have exonerated you you can. You can issue this in a petition of habeas corpus. Right judge considers it if the judge decides that you know everything questions about the legality of your imprisonment. You will the other another, while the mother, it's on another child. A hearing. Ok then actually know habeas corpus. It's not a rehash of your trials- was not an appeal at all. Not really.
It's a kind of falls in step with the appeal process right, it's so what happened as far as No, you murdered somebody here. That's what your accused of the judge in a heavy as corpus hearing didn't care about that with a care about is evidence that shows that you're, a you know, you're depends attorney, was drunk right. That kind of thing should I get it and so these things also tend to, as illegal strategy tended to come, flurry when say like a prosecutor is found to have been. You know, cocaine, user, and it comes out so everyone, first prosecuted also lines out. There are rid of atheist gourbi, they start sending out petitions of habeas corpus right. Your court by. I guess petition is first and then the only if the judge thinks there it's worth hearing the judges she's a rid of habeas corpus, ring the body to me right and in that's, that's pretty much how its use, but you can actually meekin contest your incarceration
I believe that any point, but using it as a as illegal strategy that usually, how can a depressing I think our prisoner just being referred to as the body is. I know that would worry me immediately. Yeah, workers sounds a lot like corpse and, like I said, I'd take Latin, but I have a feeling. Those two were probably connected right that you said you did take LAN now, german, german, really there. I think, though, being referred HU, as the body, I would be much more concerned with the fact that I was imprisoned at that point. You're, probably already being called the body or the hoodie or something horrible, and you know being those those those names being made good on right. You have your priorities and exactly yeah so check we understand habeas corpus gonna get an impression of why it's important. Now, it's it keeps us from being
own into jail and that the key being thrown away right there, one recourse he's, really think about it: the court system. It is this, entity that stands between the state, which has the power to throw in jail and the visual, which can be thrown in jail right. The whole purpose of the court system. The legal system is to find out, whether or not this person should be incarcerated or punish guilt or innocence. Right right, sir, the it's kind of insinuated its placed in between the state and the individual to as a buffer to protect, in as much as it is, you know the judge and jury that can and exits executioner reign of some cases, ok, so so now we understand how important it is kind of gives us an idea, then of how a grievous them Terry commissions, act of two thousand six was right: well was back up a little
Let's do this is not the first time the military acted too down six commissions act that Habeas Corpus has been revoked, oh oh, that was one other thing we should probably say. Hunchback in the bill of rights actually specifically mentions habeas corpus. It's actually thinking the constitution. It says the only time that habeas corpus can be suspended, suspended is in times of insurrection or rebellion wrangling. When it serves the public safety that chair Can only time can be re suspended right now, there's healed now open about the cinema. Interpretation, obviously What's it shouldn't because it so listen. But yes, sadly, over the course of american history has been interpreted. Am I, in my opinion incorrectly so yet you're saying give us some exam one is doing civil war present. Lincoln Abraham, Lincoln, suspended Habeas corpus.
Of a war broke out- and five years later was reinstated at the end of the civil war. And which insurrection rebellion right. You could make a pretty good case that he had every constitutional right to do that through civil war right in a and then in sadly one of our black I guess on our nations history was in terms of a japanese again steering wheel or two and Something happened, then more than a hundred thousand japanese Americans were detained and held. Many of them american foreign citizens, so yeah everything drew up at is that would be like after eleven. If we had the head round up every mile, every muslim men even muslim. You know because that would be based on religion. This is based on national Here I would say we rounded up every saudi American and put them into soccer stadiums that we had you know reinforced with Concertina wire, and
answers and german shepherds right, just me as they were Saudis. This happened like sixty years ago. I know you were not so long ago near so very good friend the Syrian. I can't imagine a world where we would do something like that yeah. Well, it's a good thing. You are I've and nineteen forty two, my firm backing. He would have wept tears that would have been the most ironically. I guess not that words not appropriate by them the most surprising part of the revocation of habeas Corpus and nineteen, forty, two four japanese American they took until nineteen seventy six right, Jerry Forger afford finally issued an exit in order that reinstated there, the rid of habeas corpus or the right of habeas corpus to japanese american sulphur that that thirty plus year period, if you were in trouble,
American technically they could throw you in jail for whatever ran you couldn't I contest the legality of incarceration here, which is scared. It is I wonder if that happened. I don't know that the question I have a feeling it was probably just not acted on in right, known. We thought much about it until you Gerald Ford. It popped up on his radar, somehow yeah. I wonder how you forget something like you know, layer Rosville just forgot to pass it along. Truman, don't I guarantee japanese American frightened, forget you, I wouldn't thinks now we're up to the modern day time. So the military missions ACT, two thousand sex you remember, Mark fully. Yes, Florida representative thinks a hooker
and he had a little the email tryst with one of his mail AIDS, his pages little man boy, I think, you'd like seventeen or eighteen through that story happened the the it broke, coincidentally, the same time. Is passed. The military commissions exit, two thousand six, which allowed it's gonna go into the rain, are exactly was his huge sweeping act really, although So it really had huge repercussions. It was basically aimed at terror suspects right in whereas Habeas Corpus goes a related to a related to them, right by revoking for anyone deemed an enemy combatant. It once they look nice and vague exactly, and they also said that the President in Congress and a few other high officials. Deem whoever they want anaemic men and that can't be contested in what you're deemed an enemy combat.
You are a strip of your right of habeas corpus rights, which means that's why that's how all these people down at Guantanamo Bay were cat brain definitely in the this military commissions, acted so cynical. It was passed after these The court has ruled that these people are being held there illegally in in flying in the face of the Geneva convention. So Bush, had you know, Congress pass the federal law that basically, return that Supreme Court ruling right. It's not, it is saw these people hell, there's enemy combatants in you think you know it's who cares or terrorist the pro MRS there were plenty of of instances down there were people were released, They ve been picked up this because they are the same name as a terror at years. Thus, saving lives there the guy who's name, Is my her a roar believe it's the pronunciation
I'd butcher, foreign names. I apologize to everyone here, especially MR are yes the Syrian born Canadian Nationalism, s naturalised, citizen, computer, engineer and he'd popped up on the canadian mounted polices. Intelligence watch list a few thousand too and they alerted the- U S, authorities and some other from you- know, friendly nations that this guy was on their list and that he left the country he meant to Tunisia right and on his way back to to Canada, his home, he had a lay over at J F K in New York in his picked up by the federal authorities. U S officials and they secretly rendered into Syria, where he was kept in prison and tortured for you. Before the Syrians who we outsource or torture to you remember church concluded that he wasn't a terrorist and had no ties it here,
the sea, the Syrians, were the ones who decided that the? U couldn't even figure it out. But after you have torture, luckily, for MR, are the Syrians concluded that you it wasn't a terrorist and incentive? not a Canada get involved. I would think that they were ass. Yes, Canada's in big trouble by really the U S is in bigger trouble, rom or was it a thing has been swept under the carpet by now by the? U S official- told the Canadians that they were going to send him back to Switzerland. His he went from Tunis Switzerland and that they, the U S and hating, not for telling us where he's gonna, grab him and sent back to Switzerland. We don't want him in the country. What you don't really want to me there and they put him on a plane Jordan took him all relate to Syria. It gave to the Syrians to be tortured right finality think of one point in the article is it was a retroactive act,
It was passing. Two thousand six discuss picked up, went he doesn't do yes. So as a retroactive, meaning anyone picked up after September. Eleven development had no habeas corpus right, Also gave retroactive immunity all the way back to September, eleven, two thousand one to any: U S, official who was engaged and anything that can be construed as torture right for it, as far as it was fell under the umbrella of the war on terror is beyond screwed up. So we still have. This act today is still on the books and it's still a huge bone of contention and hopefully from what I understand. When Obama comes back in an hour when he comes in office, he's going to basically repeal the military commissions ACT is going to. Hopefully get it repealed and he's going to come up with a new legal system. This design just to prosecute high level high value
terror suspects. That makes in the U S so basically it's gonna, be bunch of and go he's going to send them back to their country of origin right for prosecution, incarceration or freedom the low level once they're just gonna prosecution, regular american courts in the hollow it's gonna, be a more secret court where they they get all that the aspects of due process, but it's not as transparent, so that you know you won't be able, if their accusers a CIA and format, they won't be able to face that accuser. Rory TS, you know, but there still evidence is going to be submitted
one other thing about the military commissions act. Testimony gathered from torture was actually admissible. Really, so, if you, if you tortured somebody in they, they confessed to being a terrorist. To get you to stop, I would urge a confession, while amazing color friends, I want to tell you about love book, the very easy way to personalize a book to someone you love in three easy steps. Logbooks helps customers express the sentiments that may be difficult to say out loud for some of us looking in anyone's particular direction, users can create characters that look just like themselves and the recipient right down to the outfits and accessories customers have the option to personalize each page as much as they like, but the express option creates a complete book with just a few clicks. Logbook now offers a membership programme as well. You receive a free book when
sign up fifty percent off any additional books, unlimited free digital books and discounts on gift, rap and other products. Love books are the perfect gift for all occasions or just because so right now you can check out love books by going to love book online Dotcom, slash, crush newer, receive especial twenty percent discount. That is, it love book online come slash crush. You know this isn't a liberal democrat thing. It's a human rights thing so definitely point out that it's not like President elect over just want to set terrorists realler that all over the world or anything, no definitely not anything. Actually he's also getting criticism from both sides. Like yeah sure we set up a legal, a new,
legal system just for, as you know, our basic values criticising the plant is as much as republicans are criticising him for showing down Guantanamo right but yeah. I agree with you wholeheartedly. It is a human rights issue and down a I'm glad to see that is going to be resolved. I very strongly believe is gonna be resolved. Mitya was up yeah. The worst part is that you America's gonna spend the next twenty years, trying to regain r r r image or our standards right. You know, and then, by about that time, that's when all those horrendous documents are going to come out of everything that went down in Guantanamo. It's right be that second jabbed the eye. So its habeas corpus. Ladies and gentlemen, look for Guantanamo Bay to go the way of disco. Hopefully they make several months and you know what time it is now. Don't you think so I think it's Your mail time listener mail.
So I've got a little Thanksgiving episode, love from some folks swift and if you recall, during the thanks, giving absurd, I made up of the call out to the stuff. You should know nation. There if anyone out there is not a vegetarian and they forego the tour. From a steak. I would like to hear from them ninety percent of Americans now Turkey on Thanksgiving and out, imagine the ten percent who don't a lot of those are private vegetarian. I can imagine you choose another meat if you're, not a vegetarian encircle, let me Subserve Communes. Yet if we have losers out there, who do who are not vegetarian and who ought first stake on Thanksgiving I'd, love hear from you? Ok, so yet you said it so there you have it so we actually heard from if you folks, we heard from Chris and that
in T open pronouncing the rigorous. He married a lovely lady from Tokyo, and he has a tradition that Josh and I wanna be invited over mister it. We will gladly accept any invitation. You extend right out forego the turkey, because what they do, the wife doesn't like the Turkey flavour, MRS, it isn't so what he does is he buys an entire New York Strip about ten pounds of beef and sit up and is humongous internet quarter stakes and on Thanksgiving. He could sum up on the girl, with the pair would in actual, would charcoal and some of the salmon paranoid is an angel Why is this pair would, in actual charcoal honest reading any smokes, a wild salmon in the smoke? So they have salmon and wood fire grilled stakes and that's what they have further,
this is again mister. You know we will be giving you will. Actually, you already know are email, its stuff podcast. It has therefore exert constant two sentences. Invitations right. I've got a couple of more to give to quickly. Chris Curvy responded that his family eats chicken, a cape on specifically, which I looked it up, They are large, castrated, rooster yeah. He says I think the big chicken. I notice that now you chair, I hate to tell you, but that's just the sort of like a chicken and he's like it too, is the biggest attorneys turkey, with the foster voice. Racket. And then we heard from my Travis Gillig who eyes? Is it not a vegetarian? He hates Turkey Even those who family loves it, he doesn't like the flavor and he said that makes you, but that's just the sort of like SAD because he grew up eating potatoes and roles I have no answer questions about why he doesn't like Turkey every year, so he's done everything from bringing his own chinese food pizza.
Lobster I would give the luxury and dining with the family or use of the last few years has gone to a thanksgiving buffeted, so they can have their turkey can have is speaking what? What's that less guys they Travis Gillig. I think Travis has the sad story of the three minutes, and I think just for that he deserves a host of works. Travis. If you want to send us your name and address to stuff podcast hast upwards dot com, we will gladly said about the union can wear happily, while you sadly eager spaghetti on Thanksgiving anybody else who wants to drop us a align. Let us know something we screwed up in this, which and quite sure we did again it's stuff podcast House works that are more or less and thousands of other topics. Housetop work, Sakharov brought you by the reinvented two thousand twelve Camry, it's real.
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Transcript generated on 2020-01-28.