Preview

haebus corpus

Good Essays
Open Document
Open Document
661 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
haebus corpus
A writ of '''' is a writ that requires a person under arrest to be brought before a judge or into court. The principle of habeas corpus ensures that a prisoner can be released from unlawful detentionthat is, detention lacking sufficient cause or evidence. The remedy can be sought by the prisoner or by another person coming to the prisoner's aid. This right originated in the English legal system, and is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom against arbitrary state action.
A writ of habeas corpus, also known as the "great writ", is a summons with the force of a court order; it is addressed to the custodian and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond his authority, then the prisoner must be released. Any prisoner, or another person acting on his or her behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado. Most civil law jurisdictions provide a similar remedy for those unlawfully detained, but this is not always called "habeas corpus". For example, in some Spanish-speaking nations, the equivalent remedy for unlawful imprisonment is the amparo de libertad .
Habeas corpus has certain limitations. It is technically only a procedural remedy; it is a guarantee against any detention that is forbidden by law, but it does not necessarily protect other rights, such as the entitlement to a fair trial. So if an imposition such as internment without trial is permitted by the law, then habeas corpus may not be a useful remedy. In some countries, the process has been temporarily or permanently suspended, in all of a government's jurisdictions or only some, because of

You May Also Find These Documents Helpful

  • Satisfactory Essays

    An assumption made by the Bush administration in selecting this location was that it was beyond the jurisdiction of U.S. courts. The administration wanted to avoid any judicial oversight of how it handled detainees, characterized as “enemy combatants.” A possible legal challenge to indefinite detention with no formal charges or judicial proceedings might arise from the habeas corpus provision of the Constitution.…

    • 6132 Words
    • 16 Pages
    Satisfactory Essays
  • Good Essays

    A writ of assistance is a written order issued by a court instructing a law enforcement official, such as a sheriff or tax collector, to perform a certain task. The writs of assistance that James Otis challenged were general warrants allowing officials to search for smuggled material within any suspected premises. James Otis was Advocate-General when the legality of these warrants was attacked, but promptly resigned his office when called upon to defend that legality. Boston merchants then retained him as their counsel to oppose the writs before the Superior Court of Massachusetts. Otis refused the fee they offered, saying that in such a cause he despised all fees. In a five-hour speech, which was witnessed by a young John Adams, Otis argued…

    • 175 Words
    • 1 Page
    Good Essays
  • Powerful Essays

    Article I, Section 9 of the Constitution states, “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.” Under this provision, persons detained by the government are entitled to a judicial hearing to determine if…

    • 36699 Words
    • 107 Pages
    Powerful Essays
  • Satisfactory Essays

    An assumption made by the Bush administration in selecting this location was that it was beyond the jurisdiction of U.S. courts. The administration wanted to avoid any judicial oversight of how it handled detainees, characterized as “enemy combatants.” A possible legal challenge to indefinite detention with no formal charges or judicial proceedings might arise from the habeas corpus provision of the…

    • 8316 Words
    • 26 Pages
    Satisfactory Essays
  • Powerful Essays

    POL 201 Final Paper

    • 1580 Words
    • 4 Pages

    Habeas Corpus today especially after what happened on September 11th President Bush made many efforts to rescind the constitutional rights of habeas corpus. He wanted to refuse habeas corpus trials to those that were in custody at Guantanamo Bay. The President pushed…

    • 1580 Words
    • 4 Pages
    Powerful Essays
  • Powerful Essays

    Habeas corpus is located in the United States Constitution in Article One, Section Nine, under congress limits. It says, “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it”. (Columbia electronic encyclopedia, 2011) Habeas corpus is Latin for “you should have the body”. (Columbia electronic encyclopedia, 2011) It means that the accused most appear in front of a judge and know the charges haled against him or her.…

    • 1387 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    The right of writs of habeas corpus are granted in Article I, Section 9, clause 2 of the…

    • 1056 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Habeas corpus is considered to be one of the most fundamental guarantees of personal liberty we have enjoyed as a country since the inception of our Constitution. However, questions have arisen regarding the proper use of habeas corpus and have been brought into focus in the past decade. In the years since the September 11, 2001 terrorist attacks, hundreds of people have been detained by the United States government as part of its war on terror. Most of these detainees face indefinite detention and have neither been charged with a crime nor afforded prisoner of war status. Habeas corpus serves to protect citizens against arbitrary arrest, torture, and extrajudicial killings and is a fundamental personal liberty guaranteed by our Constitution and cannot be suspended based on that fact.…

    • 1666 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    The word Habeas Corpus is a Latin meaning you should have the body. The right directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a specified place for a specified purpose. The right’s sole function is to release an individual from unlawful imprisonment; through this use it has come to be regarded as the great writ of liberty. If you can 't arrest someone for what you thing they are going to do. All people are and should be afforded this right. The right tests only whether a prisoner has been accorded due process, not whether he is guilty.…

    • 1522 Words
    • 4 Pages
    Powerful Essays
  • Good Essays

    Unlawful Arrest

    • 871 Words
    • 4 Pages

    This order which is relatively used as a means to facilitate the United States in times of difficulties and to safeguard the lives of civilians has conflicted with the traditional notion of policing under its regime. Many ordinances go into effect at the time of its implementation. For one of which is the suspension of habeas corpus. Which gives the police the authority to hold a person even if they do not have…

    • 871 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Habeas Corpus

    • 1264 Words
    • 6 Pages

    Habeas corpus is used when the United States capture someone from another country during war times. It gives the detainees the same privileges the protection under our constitution, but when they are being held in another country they lose those rights. Is it right to hold them in another country just so we can prevent them from having those rights? Is this what needs to be done so we can do as we please to get the information we want from them? You can decide that for yourself on what you believe. We will take a further look into habeas corpus and the war on terror.…

    • 1264 Words
    • 6 Pages
    Satisfactory Essays
  • Better Essays

    The right to freedom or liberty – This is a right not to be deprived of liberty in an arbitrary way. Examples of relevant issues relating to this would be informal detention in hospital of people who lack capacity to consent to admission, excessive, arbitrary and inappropriate use of restraint in health and social care setting and delays in discharging people detained under mental health legislation.…

    • 1698 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    CCJ 200 Study Guide

    • 1354 Words
    • 6 Pages

    Writ of habeas corpusa court order that requires police to bring a prisoner to court to explain why they are holding the person…

    • 1354 Words
    • 6 Pages
    Satisfactory Essays
  • Good Essays

    Bail is the temporary release of a defendant after a police interview where an important decision takes place on whether the defendant should stay in custody or whether bail should be granted. This essay will discuss how the law on bail balances the rights of the suspects against the need to protect society.…

    • 1136 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Unknown

    • 1674 Words
    • 7 Pages

    Provision of adequate rights and means of redress ("redress" means remedy or to set right <an undesirable or unfair situation>);…

    • 1674 Words
    • 7 Pages
    Powerful Essays

Related Topics