1. Dr. Marie-Helen Maras Preventive Detention Week 10

2.  Maras, Marie-Helen (2013). Counterterrorism. Jones & Bartlett Learning Chapter Nine  Chesney, R., & Goldsmith, J. (2007). Terrorism and the convergence of criminal and military detention models. Stan. L. Rev., 60, 1079.  Waxman, M. (2009). Administrative Detention of Terrorists: Why Detain, and Detain Whom?. Columbia Public Law Research Paper, (08-190), 08-190.  Hannah, M. (2006). Torture and the ticking bomb: the war on terrorism as a geographical imagination of power/knowledge. Annals of the Association of American Geographers, 96(3),622-640.

3. Incapacitation: A Form of Counterterrorism

4.  The Guantanamo Bay detention camp, also referred to as Guantánamo or Gitmo is a United States military prison located within Guantanamo Bay Naval Base, which fronts on Guantanamo Bay in Cuba, and was established in January 2002.

5.  The United States Military Commissions Act of 2006,also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "To authorize trial by military commission for violations of the law of war, and for other purposes."  It was drafted following the Supreme Court's decision on Hamdan v. Rumsfeld (2006), which ruled that the Combatant Status Review Tribunals (CSRT), as established by the United States Department of Defense, were procedurally flawed and unconstitutional, and did not provide protections under the Geneva Conventions. It prohibited detainees who had been classified as enemy combatants or were awaiting hearings on their status from using "Habeas corpus" to petition federal courts in challenges to their detention. All pending habeas corpus cases at the federal district court were stayed.

6.  553 U.S. 723 (2008), was a writ of habeas corpus submission made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba.  Guantanamo Bay is not formally part of the United States, and under the terms of the 1903 lease between the United States and Cuba, Cuba retained ultimate sovereignty over the territory, while the United States exercises complete jurisdiction and control.  The case was consolidated with habeas petition Al Odah v. United States. It challenged the legality of Boumediene's detention at the United States Naval Station military base in Guantanamo Bay, Cuba as well as the constitutionality of the Military Commissions Act of 2006.  Oral arguments on the combined cases were heard by the Supreme Court on December 5, 2007.

7.  On June 12, 2008, Justice Kennedy delivered the opinion for the 5-4 majority, holding that the prisoners had a right to the habeas corpus under the United States Constitution and that the Military Commissions Act of 2006 was an unconstitutional suspension of that right.  The Court applied the Insular Cases, by the fact that the United States, by virtue of its complete jurisdiction and control, maintains "de facto" sovereignty over this territory, while Cuba retained ultimate sovereignty over the territory, to hold that the aliens detained as enemy combatants on that territory were entitled to the writ of habeas corpus protected in Article I, Section 9 of the U.S. Constitution.  The lower court had expressly indicated that no constitutional rights (not merely the right to habeas) extend to the Guantanamo detainees, rejecting petitioners' arguments, but the Supreme Court held that fundamental rights afforded by the Constitution extend to the Guantanamo detainees as well.

9.  The confinement in a secure facility of a person who has not been found guilty of a crime.  Preventive detention is a special form of imprisonment. Most persons held in preventive detention are criminal defendants, but state and federal laws also authorize the preventive detention of persons who have not been accused of crimes, such as certain mentally ill persons.  Preventive detention is a relatively recent phenomenon. Before the 1970s the general practice in criminal courts was to set bail for almost all criminal defendants. For defendants accused of particularly heinous crimes, courts would set the amount of bail so high that the defendants were unlikely to be released. Defendants in murder cases were held in jail without bail through the end of trial.

11. Dr. Marie-Helen Maras Preventive Detention Week 10

12. Can Guantanamo Bay be shut down?

13. Dr. Marie-Helen Maras Preventive Detention Week 10