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Time of India
10-05-2025
- Politics
- Time of India
What is Habeas Corpus? What would happen if it were suspended
On Friday, Stephen Miller, a top White House adviser, announced that the is considering suspending the writ of , the legal right to challenge one's detention. 'The constitution is clear, and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus could be suspended in time of invasion. Tired of too many ads? go ad free now So that's an option we're actively looking at. A lot of it depends on whether the courts do the right thing or not,' Miller said to a group of reporters at the White House. What is Habeas Corpus? Habeas Corpus is a Latin word meaning which literally means 'to have the body of'. It is a legal principle requiring someone in custody to be brought before a court to determine the legality of their detention. It's essentially a "you should have the body" legal order, guaranteeing a person's right to personal liberty and a judicial review of their detention. If habeas corpus were suspended, individuals could be detained without a court hearing, potentially leading to widespread abuses of power and a loss of fundamental legal protections. To put it in simpler words – habeas corpus is a legal principle that ensures someone being held in custody or imprisoned is brought before a judge to determine if their detention is lawful. This legal procedure ensures that individuals detained by the state or by another person are brought before a court. The court then determines whether there is a lawful basis for the detention. If the detention is found to be unlawful, the individual must be released. Habeas corpus, basically, is a safeguard against unlawful imprisonment, meaning if someone is imprisoned without proper legal justification, they can use habeas corpus to seek release. What is the consequence of suspending habeas corpus? Suspending habeas corpus means the government can detain individuals without formally charging them, effectively circumventing a fundamental right to due process. Tired of too many ads? go ad free now This can lead to prolonged detention without legal justification and abuse of power. Key notes: Suspension of habeas corpus : The Suspension Clause of the U.S. Constitution allows for the suspension of habeas corpus in cases of rebellion or invasion, according to the LII/Legal Information Institute. However, the power to suspend habeas corpus is not without limitations and has been the subject of debate and legal challenge. Consequences of suspension: If habeas corpus were suspended, individuals could be detained indefinitely without any legal review, potentially leading to arbitrary arrests and prolonged confinement without a just cause. This would undermine fundamental legal protections and open the door to potential abuse of power. Now, the consequences can be categorized as well: Lack of due process: Individuals detained without habeas corpus are deprived of their right to challenge the legality of their detention in court. Potential for abuse: It can be used to suppress dissent or silence political opponents, as seen in historical examples like the US Civil War. Increased risk of unlawful detention: Without the oversight of the courts, there's a greater risk of individuals being detained indefinitely or for flimsy reasons. Legal challenges: Any attempt to suspend habeas corpus would likely face legal challenges and be subject to judicial scrutiny. The courts would be tasked with determining whether the conditions for suspension had been met and whether the suspension was properly applied. Historical context: The suspension clause of habeas corpus of the says: '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.' The writ of habeas corpus has only been suspended four times in US history, most notably by Abraham Lincoln during the Civil War. It was also suspended during efforts to fight the Ku Klux Klan in the 19th century in South Carolina, in the Philippines in 1905, and in Hawaii after Pearl Harbor. The Trump administration has already tested the limits of executive power by invoking the 1789 Alien Enemies Act to deport alleged gang members from Venezuela. But federal judges, including a Trump appointee, ruled those actions unlawful, stating the administration had not proven the US was under invasion. It goes without saying, suspending habeas corpus would be an extremely aggressive move that would dramatically escalate the Trump administration's efforts to attack the rule of law in American courts as it tries to deport people without giving them a chance to challenge the basis of their removals. Wake Up at 3:30 AM? Here's What Happens to Your Body – Sadhguru Explains
San Francisco Chronicle
10-05-2025
- San Francisco Chronicle
S.F. jury convicts men of killing 19-year-old in 2020 shooting
A San Francisco jury convicted two men of shooting and killing a 19-year-old man in 2020, the district attorney's office said Friday. Zion Young, 24, and Fagamalama Pasene, 31, were found guilty of first-degree murder and attempted robbery after prosecutors said they fatally shot a man they attempted to rob in the Portola neighborhood on May 7, 2020. The victim was walking along the sidewalk of Felton Street around 8 p.m. when Young hopped out of a car and held him at gunpoint, demanding his phone. The victim 'tragically took a swipe' at the firearm instead of handing over his phone, prosecutors said. Young fired twice at him before he ran back to a waiting vehicle driven by Pasene, who sped away. The victim, a 19-year-old, was identified as Kelvin Chew. He died at the scene. The day after the murder, San Francisco Police received an anonymous tip that the shooter was Young, who had a prior arrest for a firearm in an incident where he was with Pasene. After pulling surveillance video from addresses associated with both Young and Pasene, police obtained footage showing Pasene leaving in the vehicle used in the killing approximately an hour before the murder, and video of him 'methodically' wiping down the shooter's side of the car, officials said. Video pulled from Young's home depicted him wearing the same distinctive clothing as the shooter and getting into the black Honda CRV approximately 20 minutes before the murder. Young was arrested on May 12, 2020. Police seized a blue, semiautomatic Smith & Wesson firearm. Ballistics testing found that casings at the scene of the fatal shooting had been fired from the Smith & Wesson gun, and DNA from the firearm matched Young's. In their investigation, police also probed the defendants' call records and GPS data that showed them traveling to the location of the killing together. The men were tried together under a 'felony murder theory,' a doctrine in criminal law which allows a court to convict a defendant of murder if they committed a felony which 'unintentionally resulted in a killing' even if they did not directly cause the murder, according to the Legal Information Institute. 'The victim's murder was a senseless tragedy,' said Assistant District Attorney Dane Reinstedt, who prosecuted the case. 'The jury's verdict — on the fifth anniversary of his murder — hopefully brings some sense of closure and justice to his still grieving family. My thoughts are with them.' Young and Pasene are awaiting sentencing, which is scheduled for sometime in September. Young could face a maximum of 50 years to life. Pasene could face a maximum of 26 years to life, officials said.
New York Post
29-04-2025
- New York Post
Sean ‘Diddy' Combs' lawyers claim he might not have been mentally capable of crimes due to drug use
Sean 'Diddy' Combs' legal team has claimed that the disgraced music mogul might not have been mentally capable of committing crimes due to his substance use. Combs, 55, faces a minimum of 15 years in prison after being charged with sex trafficking, racketeering and fraud. He is locked up without bail and his trial is set to begin May 5. On Sunday, prosecutors filed a motion to dispute any testimony that might suggest the 'I'll Be Missing You' rapper did not have the 'mental capacity' to break the law, People reports. Advertisement 4 Sean 'Diddy' Combs' legal team has claimed that he might not have been mentally capable of committing crimes due to his substance use. REUTERS The motion allegedly references testimony from psychiatrist Dr. Elie Aoun — as prosecutors requested that a judge prevent Aoun's testimony from being included in court. 'The noticed testimony relates to the defendant's diminished capacity to form the mens rea required to commit the charged offenses — in other words, a 'mental condition bearing on the issue of guilt,'' prosecutors wrote in their filing, per documents obtained by People. Advertisement According to the Legal Information Institute, mens rea — which means 'guilty mind' — refers to the defendant's mental state when the crime was committed. To secure a conviction, prosecutors must prove not only that the defendant committed the crime, but also that they did so with a guilty or blameworthy mindset. This must be shown beyond a reasonable doubt. 'If a defendant intends to introduce expert evidence relating to 'a mental disease or defect or any other mental condition of the defendant bearing on . . . the issue of guilt,' he must provide notice to the government,' prosecutors wrote in their objection filing. 4 Combs, 55, faces a minimum of 15 years in prison after being charged with sex trafficking, racketeering and fraud. / MEGA Advertisement 4 Combs is also accused of several assaults — including punching and kicking his ex-girlfriend Cassie Ventura in a violent attack caught on camera. CNN In February, Combs' legal team claimed that the US law is racist and the reason he is being 'singled out' in what they call a 'clear case of selective prosecution.' In documents obtained by The Post, Combs' lawyers filed a motion to dismiss his transportation to engage in prostitution charge, arguing that 'no white person has ever been the target of a remotely similar prosecution.' The rapper's legal team sought to have the charge thrown out on the basis that the Mann Act of 1910 has historically been used to 'target black men.' Advertisement They argue that 'the use of escorts, male or female, is common and indeed widely accepted in American culture today.' Combs is currently being held without bail in a Brooklyn lockup after pleading not guilty to federal racketeering and sex trafficking charges in a bombshell indictment accusing him of a decades-long alleged reign of sexual terror. 4 Combs is currently being held without bail in a Brooklyn lockup after pleading not guilty to federal racketeering and sex trafficking charges. REUTERS Prosecutors have dubbed the music honcho a 'serial abuser' for allegedly forcing women into 'freak-offs' — drug-fueled, dayslong performances of sexual depravity that an observing Combs would masturbate to, according to the indictment. He's also accused of several assaults — including punching and kicking his ex-girlfriend Cassie Ventura in a violent attack caught on camera — and dangling one of his alleged victims over an apartment balcony.
Yahoo
27-01-2025
- Business
- Yahoo
Your Stories Q&A: Can businesses refuse to take $100 bills?
SYRACUSE, N.Y. (WSYR-TV) — You ask, we answer!The short answer is yes, here in Central New York, businesses can set their own policies when it comes to cash. The Your Stories Team answered a similar question last year about businesses refusing to take cash, no matter the size of the bill. Those who ask the questions on this topic, often wonder how a company can refuse cash when it says on the bill, 'This note is legal tender for all debts, public and private.' Let's start by answering: What is legal tender? Cornell's Legal Information Institute describes it this way: 'Legal Tender refers to all U.S. coins and currency that issued by the government. U.S. Cash dollars are also a valid form of legal tender.' The purpose and function of legal tender is for courts to determine whether it is a satisfactory payment for monetary debt. But just because cash is a form of legal tender, it doesn't mean businesses must accept it as a form of payment. 'There is no federal statute mandating that a private business, a person, or an organization must accept currency or coins as payment for goods or services. Private businesses are free to develop their own policies on whether to accept cash unless there is a state law that says otherwise,' the Federal Reserve states on its website. According to the New York Department of State, New York does not have a law that prohibits cashless establishments. There was a bill making its way through the State Capitol to change the law, but it never made it out of committee. While there's no state law, just know, if you find yourself in New York City, that region does prohibit cashless businesses, according to the Department of State. Submit a form. Your Stories Q&A: Can businesses refuse to take $100 bills? Your Stories Q&A: What's the latest on Manlius getting an upscale Taco Bell? Your Stories Q&A: When will construction begin on broken Hanover Square fountain? Your Stories Q&A: New plans for The Inn Between Restaurant in Camillus Your Stories Q&A: New restaurant to open in closed Daniel's Grill in Marcellus Your Stories Q&A: A new hotel proposed to be built on former Clay Golfers Dome site Your Stories Q&A: How do school districts decide when to take a snow day? Your Stories Q&A: Closed Cicero Rite Aid to become Ace Hardware Your Stories Q&A: Pickleball center to open this week in former DeWitt Sky Zone location Your Stories Q&A: Former DeWitt Friendly's demolished to make way for popular burger chain Humana members and Medicare changes: What you need to know about St. Joseph's health coverage after Excellus deal Your Stories Q&A: Whose job is it to fix the large potholes on what appears to be a forgotten stretch of road? Your Stories Q&A: Cannabis dispensary moving into old gas station in Chittenango Your Stories Q&A: Hotel slated to be built behind the closed Outback Steakhouse in Clay Your Stories Q&A: Are work zone speed limits enforced on weekends and off-hours? Your Stories Q&A: Popular Cicero restaurant moving to new LeMoyne Manor development Your Stories Q&A: When will SYR Airport once again allow passengers to reserve parking online? Your Stories Q&A: Niagara Mohawk building gets new lights just in time for the holidays Band in Syracuse has $10,000 worth of bass guitars stolen from van, police continue to investigate Your Stories Q&A: New $4 million bridge in Oneida set to open this week Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
