The US is one of the countries that has registered a high number of coronavirus patients. This has affected the nation in different ways. Even so, experts do not foresee martial law being declared in the states. They do not also expect habeas corpus to be suspended in response to the pandemic. With great advancements in technology including video chat, courts can remain open during quarantine and isolation.
Similarly, civilian governors in the US have controlled their territories efficiently. This includes local, national and federal governments that continue to coordinate their efforts. “What we have here is a public emergency with civilian agencies taking the lead and the charge. And we must maintain going forward measures based on health and science in accordance with our health, safety and civil rights,” Hina Shamsi, director of the National Security Project at the American Civil Liberties Union, told CNBC.
In the US, when the military is colloquially understood and not the judicial system, this is known as martial law. The military will act as supreme power and will take charge of all government aspects. In the event of martial law, the military will also control powers at the local government while commanding civilian governments.
Often, a writ of habeas corpus is used to present a prisoner in court and determine if the detention is lawful. During the pandemic, many courts have resolved to video conferencing to remain operational. As such, habeas corpus petitions on live chat has been used for more than a decade in Guantanamo Bay according to a military and constitutional law professor at the Columbia University, Michel Paradis.
“I think advances in technology probably makes the need to suspend habeas corpus far less than it ever was when you had to go out and carry the body into a courtroom that was open,” he said. Paradis added that this may change basic court rules in regards to habeas corpus cases.