“Condenado a 13 anos de cadeia, Cacciola foi extraditado de Mônaco. Ex-banqueiro está preso em Bangu 8, no Rio de Janeiro, desde 17 de julho. O Superior Tribunal Justiça (STJ) negou nesta sexta-feira (22) pedido de habeas corpus ao ex-banqueiro Salvatore Cacciola, preso em Bangu 8, no Rio de Janeiro, desde o dia 17 de julho.A decisão é da desembargadora Jane Silva, da 6ª Turma do STJ.
People are often confused as to the difference between an appeal and an Application for a Writ of Habeas Corpus. APPEAL An appeal (also known as a “direct appeal”) is taken immediately after a conviction and sentence. A person generally...
Habeas Corpus is a legal action, otherwise known as a writ, in which a person can seek relief from the illegal imprisonment of himself, herself or another person. Also known as “the Great Writ,” Habeas Corpus has long been an important instrument for protecting an individual’s freedom against state action.
In the United States, the Constitution [...]
It's good that George Bush announced he would follow the Supreme Court's ruling in Boumediene v. Bush, the Guantanamo Bay case. He did note that it was decided by a deeply divided court. I noticed it was exactly the same type of divided court that made him President of the United States in 2000.It's really too bad that Bush, Gonzo, Cheney, Rumsfeld and all the rest had to have the Supreme Court l
A bit of good news for the endangered US Constitution: A majority (five of nine) on the US Supreme Court ruled to uphold the constitutional protection of habeas corpus, even for the unpopular alleged "enemy combatants" at Guantanamo. For this we have to thank Justice Kennedy, who wrote the majority decision, joined of course by all four of the justices who actually deserve to sit on the
A bit of good news for the endangered US Constitution: A majority (five of nine) on the US Supreme Court ruled to uphold the constitutional protection of habeas corpus, even for the unpopular alleged "enemy combatants" at Guantanamo. For this we have to thank Justice Kennedy, who wrote the majority decision, joined of course by all four of the justices who actually deserve to sit on the
“The laws and Constitution are designed to survive, and remain in force, in extraordinary times. To hold that the political branches may switch the Constitution on or off at will would lead to a regime in which they, not this court, say what the law is.” Justice Anthony M. Kennedy of the US Supreme Court, [...]
(Note: I asked Coleen Rowley for her first impressions on yesterday's Supreme Court decision regarding the Guantanamo detainees. Her response follows...)by Coleen RowleyAs happy as we should be about the restoration of the right of Habeas Corpus, we need to remember that the Military Commissions Act has another terrible consequence that is still in need of being corrected. As a result of Cheney
BRASIL, TERRA BOA PRA SER BANDIDO, os meandros das leis protegem e legalizam a bandidália.
STF concede habeas corpus a fundadores da Renascer Os fundadores da Igreja Renascer em Cristo, Sonia e Estevam Hernandes, conseguiram habeas corpus no STF (Supremo Tribunal Federal) contra a ordem de prisão preventiva decretada pela Justiça paulista, em razão da suposta prática do crime de lavagem de
Not only did Jim Webb's "Be Fair to the Troops" Amendment fail 56-44 today (60 needed to pass), the bill to restore our right to a lawyer and fair trial failed by the same exact number.That's because the same exact sorry excuses for Americans voted against this bill too.All the Democrats voted for the bills (yay!), but Joe Leiberman (the only Independent) and 43 Republicans forgot their oaths to protect the Constitution, and their obligation to care for the troops,and voted against them. Because it's easier this way, here is the list of Republicans that have read the Bill of Rights and/or have a conscience:Susan Collins (Maine)Chuck Hagel (Nebraska)Gordon Smith (Oregon)Olympia Snowe (Maine)John Sununu (New Hampshire)That's all folks!
Will avatars in Second Life end up having more rights than their human creators?Wow, our own democracies could learn from this, as found by Raph:Erik Bethke’s LiveJournal has a recent post stating that he’s offering a $5000 bounty to those who can help him draft the legal form of an avatar rights document for GoPets.Among the clauses he intends the service to sign up to:- Due process (including player-run tribunals)- Habeas corpus- Free expression- Free assembly- Property rights- Non-discrimination- Account transfer rights- Right to keep some amount of the value generated by service errors (e.g., if there’s a bug and the player benefits, they keep some of the benefit)- Compensation to players for service outages exceeding the maximum standard downtime- Advance notice in the event of policy changesvia
Today the Senate Judiciary Committee passed an important bill to restore habeas corpus, the sacrosanct Constitutional right to challenge government detention in court, by a vote of eleven to eight. Habeas corpus was revoked by last year's Military Commissions Act, which has been assailed as unconstitutional and un-American by leaders across the political spectrum. Today's habeas bill was backed by the Judiciary Committee's Democratic Chairman, Patrick Leahy, and its Republican Ranking Member, Arlen Specter. "The drive to restore this fundamental right has come from both sides of the aisle," said Sharon Bradford, an attorney at the bipartisan Constitution Project, in response to today's vote. "Restoring America's commitment to the rule of law is not a partisan cause; it is a patriotic one," she added. Today's vote means the habeas bill can now be brought to the Senate floor at any time. One source with knowledge of the legislative plan said Majority Leader Harry Reid has commi
Democrats.com is asking for support for S. 185, otherwise know as the Restore Habeas Corpus act.
In short, S. 185 strikes…
(e)(1) No court, justice, or judge shall have jurisdiction to hear or consider an application for a writ of habeas corpus filed by or on behalf of an alien detained by the United States who has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.
`(2) Except as provided in paragraphs (2) and (3) of section 1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801 note), no court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien who is or was detained by the United States and has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determinatio
In a recent article on Habeas Corpus, it was shown that the 10th Amendment prevented the federal government from suspending Habeas. Why? Because the Constitution only allows for its suspension in very limited situations. Article I, Section 9 spells this out quite clearly:
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
This, in conjunction with the 10th amendment’s mandate of limited government demonstrates that any suspension of Habeas Corpus without the above provision is done so in violation of the Constitution. For clarification, here’s the text of the Tenth:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Typical of those who wrote in opposition was this comment posted by someone by the name of “L. Savage”
you seem to forget that we are at war,
Los diccionarios de materia legal definen el término de habeas corpus como el derecho o procedimiento de un detenido o acusado de ser presentado ante un tribunal. La frase en latín requiere la presencia del cuerpo, de la persona. Utilizo esa expresión como metáfora, en el caso del dictador Fidel Castro, a quienes no vemos “en vivo y en directo” desde el 26 de julio del 2006, a unos días de una intervención quirúrgica convertida en secreto de Estado, y que desde entonces, lo mantiene ausente de la vida pública. Claro que, como todos sabemos, Castro se ha hecho notar a través de cartas, videos pregrabados y conversaciones telefónicas. Pero de su presencia física, real, nada. Por eso, creo que debemos intervenir en su favor, solicitando un habeas corpus para Fidel. Su hermano, el general Raúl Castro, sucesor designado provisionalmente, asegura que Fidel se recupera lenta pero positivamente de su prolongada convalecencia. Desde esa punta de la pirámide d
Only an AH (ass-hat) or an AG (Attorney General) would deny that the Constitution guarantees a right to habeas corpus. I first read this ridiculous assertion on the Free New York Blog. Below is a video of the U.S.A.H. U.S.A.G being grilled by Arlen Specter.
Technorati Tags: United States, Attorney General, Alberto Gonzalez, Arlen Specter, habeas corpus, Senate Judiciary Committee, Constitution
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Alberto Gonzales' coming out party...out of the fascist closet that is.The Peoples Top Attorney Says Americans Have No Constitutional Right To Habeas Corpus Congressional Hearings: Alberto Gonzales: "There is no expressed grant of habeas in the Constitution; there's a prohibition against taking it away".Arlon Spector: "Wait a minute, the Constitution says you can't take it away except in case of rebellion or invasion. Doesn't that mean you have the right of habeas corpus unless there's a rebellion or invasion?"Alberto Gonzales: "The Constitution doesn't say every individual in the United States or citizen is hereby granted or assured the right of habeas corpus. It doesn't say that. It simply says the right shall not be suspended" except in cases of rebellion or invasion.Arlon Spector: "You may be treading on your interdiction of violating common sense". Me: That is so fucked up, Mr. Gonzales. Now…I ask you, right wing conservatives, still think it's the lefties who a
We
pride ourselves that we live in a "free' nation, a democratic nation. However,
what we believe to be democracy is the greatest lie of all.
Every
4 years, we in the UK
elect a representative to speak on our behalf in our parliament. This
parliament votes on issues that concern us, creates new laws to protect us and
effectively acts to serve us, the general public. What a load of bollocks!
The
party with the majority of elected representatives forms the government. This
government creates new legislation and seeks to have it passed before
parliament. If, however, the government holds a majority of the seats compared
to all the other parties this legislation is invariably passed without any real
opposition and becomes part of our life.
In
recent times the party that has gone on to form the government in my country did
not gain over 50% of the nations vote. In fact if you take the last general
election in the UK
only 35% of those who voted, voted for a "Labour' govern
Americans, this is your country, your President, your legal system.
Are you proud?
Andrew Sullivan's money quote:
More than two centuries after the construction of the US constitution, almost eight centuries since Magna Carta, Americans are at the mercy of a new king, who can jail without charges and torture at will.
The rationale? A war that has no definable end. The constitution itself
