Should terrorists be tried in military or civil court - Essay Example

In addition, the paper examines the habeas corpus in relation to the war against terrorism and the Supreme court's involvement, the involvement of the President and Congress in decisions regarding habeas corpus.... Initially, the power of suspending the law rested with the legislature but in early commentary, the power of the Congress to suspend the law assumed and stated by the court.... When a dispute is taken to court, one side of the court is of the view that a ruling for the challenger would expose the security of the nation while the other side is of the opinion that the ideals that make the preservation of the nation's security worth should be held at all costs....

Many of them claim theoretically that military courts are better at dealing with terrorism whereas others believe that civil courts are not so naive as critics claim.... Legislature has to analyze the effectiveness of the nation's collaborative efforts on intelligence, law enforcement, military, financial, and diplomatic channels with other nations in addressing terrorism.... Germany considers the Islamic terrorism as their primary threat and therefore they had responded to the 9/11 event by offering military and other assistances and also has supported and contributed to US in many ways in fighting against international...

Disclosures in open court would inform not only Middle Eastern terrorists, but all the intelligence services of the world of out methods and sources.... Picking the members of the court would be a diplomatic nightmare.... It would be politically impossible to keep judges from Islamic countries off the court.... … This paper will present issues related to which crimes terrorists can be charged with, how defendants who commit crimes in other countries can be charged in the United States, and how we can prevent terrorism both inside and outside the United States....

FISA CourtAny time intelligence gathering, or suspects, involves a foreign country, the case is processed through the Foreign Intelligence Surveillance Act (FISA) court.... The FISA court "establishes a legal regime for "foreign intelligence" surveillance separate from ordinary law enforcement surveillance" (Foreign Intelligence Surveillance Act, n.... The FISA court, which makes it easier to obtain a warrant, gives law... The debate has become; how many of our civil rights are we willing to sacrifice The American Bar Association (n....

William Rehnquist, Supreme court chief justice, said that the administrative authority to engage in conduct that… The situation created by the terrorist attacks of September 11, 2001, protecting the country from more attacks and dealing with terrorist groups abroad are the main concern of U.... Constitution that outline the civil liberties of the American citizens.... Internally, policy deviations over security and civil liberties have been recurrent, extensively revealed, and sensitively charged, creating a situation of animosity and doubt that has confronted the people's faith in the administration, caused division among supporters, and destabilized collaboration among the political branches of government....

Where upon Appeal it was held that Milligan should have been tried in a regular court, and not a military tribunal as the law protects every persons and they are equal.... The significance of the tribunal is ensuring that the persons,… The military tribunal was given more powers by the president Bush government, where he gave an order to the tribunal to detain the persons who were non-citizens and accused of committing Military Tribunal Military tribunal Military tribunal is a court that tries enemy forces at the time of war and it operates on its own that is it is independent....

Owing to the potential reality of mass killings, heavy damage to property and massive national fear created by terror activities, I believe terrorists planning to attack my city deserve to be tried by a Military Commission.... This paper argues that the better platform for trial of terror suspects caught planning an attack should be a Military Commission, rather than a largely civilian Federal court.... As such, unlike the judicial nature of federal courts, a properly constituted Military Commission observing minimum court procedures would be better equipped to try them....

At the same time, however, the civil liberties of an individual cannot be compromised and human rights cannot be given secondary importance.... Individual terrorists have a propensity to be motivated more by a wish for social harmony with other members of their association than by political platforms or planned objectives, which are often shadowy and approximate....