331: Habeas Schmabeas 2007

331: Habeas Schmabeas 2007

Apr 27, 2007
An updated version of our episode "Habeas Schmabeas," which won a 2006 Peabody Award.

Listen to a special, uncut version.

Download a transcript.
The right of habeas corpus has been a part of our country's legal tradition longer than we've actually been a country. It means that our government has to explain why it's holding a person in custody. But now, the War on Terror has nixed many of the rules we used to think of as fundamental. At Guantanamo Bay, our government initially claimed that prisoners should not be covered by habeas—or even by the Geneva Conventions—because they're the most fearsome enemies we have. But is that true? Is it a camp full of terrorists, or a camp full of our mistakes?
  • Joseph Margulies, a lawyer for one of the detainees at Guantanamo, explains how the detention facility there was created to be an ideal interrogation facility. Any possible comfort, such as water or natural light, is controlled entirely by the interrogators. (3 minutes) Criminal JusticeLegal SystemTerrorism

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