Habeas Corpus is one of the primary defenses we have against extrajudicial punishments. A prisoner can obtain a writ of habeas corpus, which forces the government to go before a court to show lawful grounds for their detention, or else release them.
Less democratic societies, like Singapore and Malaysia, may have acts that allow detainment without charge for some time; Singapore's is called the Internal Security Act. The Singapore government has long refused to take this law off the books; it was most recently used against a terror cell that was plotting to bomb several US targets on the island. Admittedly, there is no doubt that this group of people was guilty of the crimes they were charged with. But, the Singapore government could easily have written a law that forbids arbitrary detentions; what if, in future, the people we arrest are not guilty as charged? They have chosen not to do so, because power corrupts.
The United States has long prided itself as a society ruled by law. However, this administration has tried to place itself above the law, and they succeeded with the Military Commissions Act of 2006, which allowed the president to designate anyone as an unlawful combatant, and detain them indefinitely at secret prisons without access to a hearing in court. Americans must get this law off the books immediately, because power corrupts.
Today, Senators are debating the bipartisan Specter-Leahy Amendment (S.185), which would restore habeas corpus. This is a no-brainer regardless of your political affiliation. America is great because she is a free country, not a dictatorship.
Go here to email your Senators to ask them to pass the amendment.
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