Essay on "Enemy Combatants"
Essay 2 pages (657 words) Sources: 1
[EXCERPT] . . . .
[footnoteRef:4] [4: Hamdan v. Rumsfeld, 548 U.S. 557 (2006)]Issue: The court was asked to answer several questions to include: 1) if the military commissions are legal and can exercise authority over Hamdan? 2) What protections are afforded to defendants and could they challenge their status as an enemy combatant?[footnoteRef:5] [5: Hamdan v. Rumsfeld, 548 U.S. 557 (2006)]
Holding: The court answered these questions by supporting the legality of military commissions and Hamdan's detention / classification as an enemy combatant. However, during the process, he must be allowed access to legal counsel and the ability to see the evidence presented before him. This means that these proceedings must follow the same standards utilized by Uniform Code of Military Justice for court martials. [footnoteRef:6] [6: Hamdan v. Rumsfeld, 548 U.S. 557 (2006)]
Reasoning: The court decided the case based upon precedent established from the Uniform Code of Military Justice and the Geneva Convention. Both state, that defendants must be allowed the opportunity to hear evidence against them and consult with their attorneys in the process. At the same time, they relied upon select areas from Johnson v. Eisentrager. This established the legality of these proceedings. Yet, it also meant, that Hamdan must be given the ability to challenge his detention and the evidence presented before him. [footnoteRef:7] [7: Hamdan v. Rumsfeld, 548 U.S. 557 (2006)]
Decision: The court upheld certain parts of the lower courts' decisions. This is took place through confirming the legality of military commissions, the status of Hamdan and the length of his detention. Howeve
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Comments: There is nothing else that should be mentioned. This is a landmark case, as it is demonstrating the classification, detention and how legal proceedings can be conducted for terrorists. The court was divided about the decision. The only discrepancy… READ MORE
Quoted Instructions for "Enemy Combatants" Assignment:
“Write a formal legal brief in the case of Hamdan v. Rumsfeld, 548 U.S. 557 (2006). Structure as follows 1. CASE NAME AND CITATION: As a header on the first page of your brief, you should state the name of the case, identify each party’s role in the case, and give the full Bluebook style citation to the case. 2. FACTS: Who did what to whom? Include all facts the court considered significant. Summarize in your own words. DO NOT cut and paste from the opinion. 3. PROCEDURAL HISTORY: Who is asking the court to do what? How did the case procedurally get before this court? 4. ISSUE(S): What question or questions did the court have to answer in order to make their decision? Your issue(s) should be stated in the form of a question. Make sure you address ALL the issues in the case. 5. HOLDING: Which way did the court answer the questions posed in the issues? What did they decide? 6. REASONING: Why did the court decide the case the way it did? What legal standard did they use or establish? What prior cases did the Court rely upon and why? 7. DECISION: This section gives the Judgment rendered by the court. Describe the final disposition of the case. Did the court affirm the lower court’s decision, reverse it, and/or remand it for additional proceedings? 8. COMMENTS: Is there anything else that should be mentioned about this case? Is it a “landmark” case? Was the court “divided”? Were there any weaknesses/discrepancies in the court’s opinions
How to Reference "Enemy Combatants" Essay in a Bibliography
“Enemy Combatants.” A1-TermPaper.com, 2014, https://www.a1-termpaper.com/topics/essay/terrorism-legal-system/4235223. Accessed 6 Jul 2024.
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