Please explain the writ of habeas corpus?

Question

my high school teacher told me about this, and told me to use it when i get pulled over, or if im in a bind with the police and alchohol/drugs/etc., is this true? if so please explain it in plain english?

Answer 1

You can try, but odds are claiming habeus corpus will fail. IN essence, what you are claiming is that you have been unlawfully imprisoned and you want to be released. It is too easy for the police to file a multitude of charges, many of them BS, of course, but sufficient to keep you locked up for a period of time.

Answer 2

In common law, habeas corpus is the name of several writs which may be issued by a judge ordering a prisoner to be brought before the court. More commonly, the name refers to a specific writ known in full as habeas corpus ad subjiciendum, a prerogative writ ordering that a prisoner be brought to the court so it can be determined whether or not the prisoner is being imprisoned lawfully.

The words habeas corpus ad subjiciendum are Latin for "(That) you may have/hold the body to be subjected to (examination)", and are taken from the opening words of the writ in medieval times. Other habeas corpus writs also existed, for example habeas corpus ad testificandum ("[That] you may have/hold the body to bear witness"), for the production of a prisoner to give evidence in court.

Answer 3

Spock (above) is correct in the definition and history. My compliments to Spock, BTW, for the level of detail.

In current incarnation within the US, the right to the writ is guaranteed by Article I Section 9 of the Constitution. It basically allows someone to file in federal court if they feel that a state or administrative action is resulting in improper confinement.

It's not something used casually for minor stuff, because it requires some complex legal arguing before the federal court judge, and federal judges don't like to argue with state judges about whose following the rules correctly.

Answer 4

The other posters have provided correct answers about the writ itself, but what they failed to mention is that it will do you no good when you are dealing with the police. The writ is an order by a judge, so you cannot claim it yourself. You would have to be arrested and held in jail, and a lawyer would have to get the writ fromt he judge to have your case reviewed in the court.

Answer 5

It is a petition to release the body; meaning that there is no justification for holding someone prisoner.

It is most often used in criminal appeals, when all other reasons to appeal have been exhausted. It can attack everything from the facts presented at trial being erroneous, to the wrongful application of current law.