Homework Question on United States vs. Fawaz Younis
Case brief of Unites States vs Fawaz Younis
Homework Answer on United States vs. Fawaz Younis
In this matter, the appellant Yunis challenges conviction arrived at by the honorable court of first instance regarding conspiracy charges, aircraft piracy and hostage charges. This follows a criminal incident in 1985 where a Jordanian airline plane was hijacked by four men in Beirut.The issues for determination was whether yunis waived his Fifth Amendment rights as provided by the constitution, was yunis under the protection of the Fifth Amendment. The defendant was convicted on aircraft piracy and taking of hostages.
The defendant appealed denial of his motions. His motion was related to jurisdiction of the district court and his claimed illegal arrest. Yunis also alleged that the government was intentionally withholding important classified documents that would have been important to secure his release.
Rule
The court held that the military was acting within the law as provided by the Posse Comitatus Act indirectly in using military interventions to arrest Yunis during Operation Goldenrod. The violation of personal constitutional rights especially by governments or any other person or body should not be allowed and especially on the Fifth Amendment. Did the interrogation take inordinately long as alleged by yunis?
Analysis
Delay in obtaining evidence from a suspect offends McNabb—Mallory rule ,however, there are instances where such evidence can be delayed if the distance covered or time required to obtain it is long. From this requirement, the judge obtained the argument that it shall be late.The use of provisions in the Posse Cammitatus allows for military interventions in a foreign land under special circumstances.