Posted: September 13th, 2017

Criminology

Criminology

Name

Course number

Date

Instructor name

Criminology 2

Jose Padilla in 2002 was arrested at O’Hare International airport by FBI agents following

a witness arrest warrant. During this time Padilla was a United States citizen. He was transferred

to New York where he was held as a material witness in connection with a grand jury

investigation of the September eleventh terrorism attack. In June the president of the United a

warrant naming Padilla an enemy combatant and transferred his custody of the department of

defense which without notice to counsel, transported Padilla to a high security military brig in

south Carolina. Padilla’s appointed counsel acting on client’s interest filed a writ of habeas

corpus on his behalf. This is because the government went for years without filing charges

against Padilla and held him incommunicado, not even allowing him a visit from his legal

attorney. The case eventually reached the high court which ruled that Padilla had filed his habeas

Padilla’s counsel in the year 2004 filed a new habeas corpus petition in the United States

district court for South Carolina. The district court ruled that Padilla’s detention was not

authorized by congress and therefore the detention was unlawful. The government appealed this

decision to the forth circuit. They gave their reason for their support of Padilla that the indefinite

military detention of Padilla violated the core constitutional principle of due process of law and

the supremacy of the civilian authority over military. On ninth of September in the year 2005, the

fourth circuit court of appeal reversed the trial court decision and held the grounds that the

president had the authority to detain enemy combatants under the authorization of use of military

forced passed by congress in the wake of September eleventh. Padilla then filed a petition for

certiorari in the United States Supreme Court, and this was denied on third of April in 2006.

Experts at uvoessays.com can help you with this and more. Visit our website today to order for this and more essays.