2006-07-02 04:06:09 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
a fair and speedy trial
2006-07-02 04:09:41 · answer #1 · answered by :Phil 5 · 0⤊ 1⤋
"habeus corpus" is latin for "you have the body", and is the legal principal that once arrested or imprisoned for an offense a person is accused of, that person has a right to be tried, and if convicted, sentenced for the crime within a reasonable time span. The purpose of this principle is to avoid a situation where, say, you are arrested for suspicion of drunk-driving, your blood is taken, but then you are held in prison for six months while the lab catches up with its testing. This would be fine if you were found guilty, but what if you weren't?
Many people think those currently held in Guantanomo are being held in violation of this principle.
2006-07-02 04:15:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
NannyMcPhee and ThinKaboudit are correct.
It's a constitutional provision in Article I Section 9, that allows someone held in custody by the government (state or federal) to petition the court asking the court to review the custody and determine if the custody is legal.
It can be used by people in state court as a collateral attack against a state sentence where the sentence imposed is ureasonable. It can also be used by anyone held in US custody who is not being given their 5th Amendment rights to Due Process, or their 6th Amendment rights to counsel or a speedy public trial.
Article I Section 9 further says the writ shall not be suspended (i.e. shall be available to anyone in US custody) "unless when in Cases of Rebellion or Invasion the public Safety may required it." This has consistently been interpreted to mean that as long as the civilian courts are open for business, the writ is available.
2006-07-02 05:24:13 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
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.
2006-07-02 04:11:46 · answer #4 · answered by NannyMcPhee 5 · 0⤊ 0⤋
habeas corpus is a direction given by the court to a particular person (who has detained some other person)to handover the body or to present such a detained person before the judiciary within a specified time. the foremost function of this order is to prevent or release a person from unlawful detention. basically this is a writ and hence it is popularly known as writ of liberty as it protects liberty of a person.
2006-07-02 04:35:28 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Habeas Corpus is a petition used when someone believes they are being unlawfully held prisoner
2006-07-02 04:11:02 · answer #6 · answered by Patrick C 1 · 0⤊ 0⤋
Literally it means "you have the body". It's a legal move that a lawyer will use to attempt to get his client released from jail prior to a trial.
2006-07-02 04:10:57 · answer #7 · answered by Albannach 6 · 0⤊ 0⤋
They need to find the body before they convict for the crime. No body = no crime.
2006-07-02 04:11:31 · answer #8 · answered by Gabby_Gabby_Purrsalot 7 · 0⤊ 0⤋