The Arrest of Jose Padilla

Paper Summary:

The paper discusses the case of Jose Padilla, arrested on May 8, 2002 because it was believed that he was conspiring with Al Qaeda Terrorist to detonate a radioactive "dirty bomb" within the U.S. The paper shows that Padilla's arrest and subsequent imprisonment has been the subject of an on-going legal debate and at the present time Padilla is being held as an enemy combatant, which means that he is subject to Military Tribunal instead of the civil court system and can be held without being charged until the War On Terrorism is over. The essay discusses both sides of this legal debate and determines which viewpoint is the most constitutional and credible.

From the Paper:

"Many legal experts believe that the U.S. does not have grounds to hold him as an enemy combatant. They contend that his imprisonment is unconstitutional because he is being held even though he has not been charged with a crime. Padilla's lawyer believes that he is in custody based on information that is circumstantial and that he should be released. They also believe that his detainment is based on the idea that he may be able to provide investigators with important information about forthcoming terrorist attacks on the country."

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