Essay on "Criminal Justice: Corrections"

Essay 3 pages (1076 words) Sources: 2

[EXCERPT] . . . .

Criminal Justice: Corrections

The objective of this work is to briefly explain the background of the military commission controversy including relevant supreme court cases and to determine whether the U.S. government should get rid of military commissions, close Guantanamo Bay and place 'the enemy combatants on U.S. soil with full regular criminal trials' and then to explain this position.

The Facts

The New York Times states in its May 9, 2009 article entitled: "Military Commissions" that the military commissions "…rose to new prominence after the September 11th attacks due to President George W. Bush's decision that terrorism suspects would be considered enemy combatants who would be tried by military tribunals rather than in civilian courts." The system of tribunals was created by the Bush administration in 2001 and 2002 and these "specifically did not adhere to the standards set out in the Geneva Convention" and a prison camp was established at Guantanamo Bay Naval Base in Cuba." (New York Times, 9 May 2009) This system held prisoners "away from federal court jurisdiction" and held that the right of habeas corpus (right to ask for release of unjust imprisonment) was not applicable to foreign prisoners held outside of the United States as enemy combatants.

II. Response of the U.S. Supreme Court

The U.S. Supreme Court did not agree and this is evidenced in the case Rasul v. Bush. In June 2006 in the case of Hamdan v. Rumsfeld the U.S. Supreme Court "struck down military tribunals that the Bush administration had established" following the incident of September 11,2001, on the basis that the tribunals were in violation of the U.S. Constitution and the Geneva Conventions. This law was then rewritten by Congress and the Bush Administration and the Military Commissions Act of 2006 was passed which effectively "…broadened the definition of enemy combatants beyond the traditional definition used in wartime, to include noncitizens living legally in the United States as well as those in foreign countries and anyone determined to be an enemy combatant under criteria defined by the president or secretary of defense." (New York Times, 2009)

The work of Stewart (2006) entitled: "Rethinking Guantanamo: Unlawful Confinement as Applied in International Criminal Law" states that while international law has addressed the legal debate surrounding Guantanamo, that this subject has been at focus due to its "applicability of domestic legal protections within the United States, international human rights norms and nuanced distinctions in the structure and negotiated history of international humanitarian law." The Department of Defense Rules for Military Commissions - Analysis of Procedural Rules and Comparison with Proposed Legislation and the Uniform Code of Military Justice" (2005) relates that when comparing the DOD rules for military commissions procedural rules when compared with the proposed legislation and the Uniform Code of Military Justice states findings that a great difference in actuality does exist between the two and that such inherent rights including the "Miranda Warning' are deemed inapplicable. The U.S. Supreme Court Case Rasul v. Bush, issued at the end of the Court's 2003 -- 2004 term stated that "…U.S. courts do have jurisdiction to hear petitions for habeas corpus on behalf the approximately 550 persons detained at the U.S. Naval Station in Guantanamo Bay, Cuba, in connection with… READ MORE

How to Reference "Criminal Justice: Corrections" Essay in a Bibliography

Related Essays:

Criminal Justice - Corrections Issues Essay

Criminal Justice - Corrections Issues

CRIMINAL JUSTICE ISSUES: CORRECTIONS

What is the more important goal of the justice system, to control crime or to ensure justice?

No single purpose defines… read more

Essay 2 pages (547 words) Sources: 0 Style: APA Topic: Crime / Police / Criminal Justice

---

Criminal Justice and Sentencing Issues Essay

Criminal Justice - Corrections

CRIMINAL JUSTICE: CRIMINAL SENTENCING ISSUES

Criminal Sentencing:

Generally, the purpose of sentencing is to assign a type and length of punishment corresponding to particular types of… read more

Essay 4 pages (1119 words) Sources: 5 Style: MLA Topic: Crime / Police / Criminal Justice

---

Criminal Justice System Thesis

Criminal Justice System

Define the criminal justice system in your own words

The criminal justice system is the vehicle that society uses to enforce the standards of conduct that are… read more

Thesis 3 pages (1325 words) Sources: 3 Style: APA Topic: Crime / Police / Criminal Justice

---

Criminal Justice Theory and Policy Discussion Chapter

Criminal Justice Theory and Policy

The Prison Industrial Complex

The national correction-commercial complex is an institution governed by a number of participants who have the power to make certain decisions.… read more

Discussion Chapter 7 pages (2584 words) Sources: 5 Topic: Crime / Police / Criminal Justice

---

Corrections - Probation Criminal Justice Term Paper

Corrections - Probation

Criminal Justice

Corrections & Probation-

The objective of this work is to answer the question of precisely what purpose the pre-sentence investigation reports serves inclusive of a… read more

Term Paper 2 pages (457 words) Sources: 0 Topic: Crime / Police / Criminal Justice

---

View 100+ more related papers  >>