How do you feel about the decision in the Eisentrager case? Should individuals tried for crimes by a part of the American government (i.e., the military) be given a subsequent chance to challenge the legality of those proceedings in an American court by filing for a writ of habeas corpus?
Go to the Legal Information Institute’s listing of state criminal codes and click on the criminal code for your state (or another state if you’re in Colorado or Georgia). Search for the term robbery, and then copy and paste the definition into your word processor. Write a paragraph explaining how your state’s definition compares with that given in the textbook for either Colorado or Georgia. Do you see any advantages or disadvantages in the way robbery is defined in the two states?
When the U. S. Supreme Court decided the Hamdi v. Rumsfeld case, it also ruled on another case that had been brought by detainees at Guantanamo Bay. That case, Rasul v. Bush, asked if U. S. courts have jurisdiction to consider legal appeals filed on behalf of foreign citizens held by the U. S. military. In another case, Hamdan v. Rumsfeld, the Court was asked if the military tribunals established to try the detainees were legal. Read the following (links provided in D2L):
- Hamdan v. Rumsfeld Supreme Court Ruling
- Rasul v. Bush Supreme Court Ruling
- Johnson v. Eisentrager, 339 U.S. 763 (1950)
Write a substantive response to one of the following questions:
- Does it make any difference that the Eisentrager case dealt with convicted war criminals, while this case deals with noncriminal confinement? If the military were to try these or other foreign detainees for war crimes, could/should the judgment of the military courts be subjected to habeas review by federal courts? What if the military court were multinational?
- The Court ruled that foreigners must be given the opportunity to challenge the legality of their confinement via means of a writ of habeas corpus. Can you think of any situation in which this rule should not apply? If so, how would you make your case to the Supreme Court?
Note—the internet links
Legal Information Institute’s listing of state criminal codes
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