What is a writ of habeas corpus?
Wickwire's answer is fairly accurate; however, some points should be added. A petition for habeas corpus must allege more than a mere factual error or a legal error. A petition for habeas corpus may be filed in either state court or in federal court. If filed in state court it must allege that the person is imprisoned contrary to the constitution or that the court lacked jurisdiction to imprison the person. The same is true if challenging a state conviction in federal court- with the additional requirement that the petitioner has exhausted all state remedies. In other words, a petition for habeas corpus is not simply another means to continue to litigate a criminal conviction.
What is it meant by habeas corpus?
literally '' you have the body'' A writ whose purpose is to obtain immediate relief from illegal imprisonment by having the '' body ( the prisoner ) taken out of custody and brought before the court
Is "Habeas Corpus" important?
bush and cheney had it removed for a while. they wanted to apply it to the suspected terrorists (most of them are terrorists) held at guantanamo. habeas corpus means: bring forth the body. that means that you must be formally charged by grand jury in court that you have committed a crime, and that then, all other rights of an accused follow, such as the right to a speedy trial and counsel. but habeas corpus is what makes all the other rights of the accused come into play. imagine that you've been hopping around on the internet, reading things about explosives. the fbi does have the capability to hack you. it also randomly chooses telephone conversations, even and especially cell phone conversations, to listen to for keywords, such as "bomb," "destroy," "blow up," etc. if their robots "hear" such words, an actual agent will listen in to see if you are speaking of performing a crime, and especially, to determine if you are a terrorist. it's necessary in these times. but then imagine that just because of where you've been on the internet, a squad of police appear at your door and without a warrant, they drag you out of your home and put you into a prison cell. what if you did not do anything that is criminal at all, but you were curious? (the people should not really let sensitive information on the media--the wrong people can get it and attack us with it). but, if you have no right of habeas corpus, they can keep you locked away forever, giving you no chance to defend yourself. that's why habeas corpus is central to the idea of liberty.
What does habeas corpus mean?
An individual has the right to move the Supreme Court (under Article 32) directly in case of any violation of a fundamental right and the High Courts ( under Article 226) and these courts issue appropriate writs to enforce such rights.Habeas corpus is one the five writs which can be issued by the Supreme Court and the High Courts. The literal interpretation of habeas corpus is ‘to have a body’. The court can cause any person who has been detained or imprisoned to be physically brought before the court. The court then examines the reason of his detention and if there is no legal justification of his detention, he can be set free. Such a writ can be issued in following cases:When the person is detained and not produced before the magistrate within 24 hoursWhen the person is arrested without any violation of a law.When a person is arrested under a law which is unconstitutionalWhen detention is done to harm the person or is malafide
What can a writ of habeas corpus lead to in a hearing?
The purpose of a petition for writ of habeas corpus is to challenge the legality of a person’s confinement.A hearing is to fully flesh out the claims made in the petition. Thus, a hearing can result in many things. A court must narrowly tailor the relief if it grants the Writ.A court can order a confined person’s immediate release, can vacate a conviction and order a new trial or alter or amend a sentence. The court can also make changes to the terms of a commitment or issue other orders it deems necessary based on the petition and other matters than properly come before the court.
History question!!! Habeas Corpus question!!!!?
Firstly you need to understand what a writ of Habeas Corpus (from the latin meaning you shall have the body) is. A writ of habeas corpus ad subjiciendum, also known as "The Great Writ", is a summons with the force of a court order addressed to the custodian (such as a prison official) demanding that a prisoner be brought before the court, together with proof of authority, allowing the court to determine whether that custodian has lawful authority to hold that person; if not, the person shall be released from custody. The prisoner, or another person on his behalf (for example, where the prisoner is being held incommunicado), may petition the court or an individual judge for a writ of habeas corpus. Since 1999 there have been many cases and proposed laws that would restrict when a writ could be issued and by whom it can be requested. The question is asking you to look at these proposals and identfy what areas of restriction they pertain to, also what are the agruments in favor of these proposals. There have been several times in American History when the right has been suspended- Civil War, World War II, and most recently in the Prevention of Terrorism acts. One proposal you can look at is The Antiterrorism and Effective Death Penalty Act of 1996 ( good basic source at: http://en.wikipedia.org/wiki/Antiterrori... Other areas to look at are: Detainee Treatment Act of 2005, Military Commissions Act of 2006, and Habeas Corpus Restoration Act of 2007. All of these have good overviews on wikipedia. If you address these you will be getting to the heart of the question.
The writ of habeas corpus is intended to prevent ...?
1. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. A habeas corpus petition is a petition filed with a court by a person who objects to his own or another's detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error. Habeas corpus petitions are usually filed by persons serving prison sentences. In family law, a parent who has been denied custody of his child by a trial court may file a habeas corpus petition. Also, a party may file a habeas corpus petition if a judge declares her in contempt of court and jails or threatens to jail her.
How long after Magna Carta was signed was habeas corpus made into law?
about 200 years
Could Donald Trump remove habeas corpus? What impact would this have? How far could he legally take it?
Article One, Section Nine of the United States Constitution says that Congress may suspend habeas corpus in cases of rebellion or invasion. There are court decisions that say that the President can’t do that under his own authority but it’s possible that during a recess a president could take such an action counting on Congress to back his play as soon as it reconvened. Any such action could only constitutionally last until the rebellion/invasion was over.