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is this right or am i mistaken, can someone clarrify this term for me .
and make it simple im not too smart .

2006-09-04 07:37:03 · 6 answers · asked by Anonymous in Politics & Government Politics

6 answers

Basically, Habeus Corpus is a procedure by which someone in jail (or their lawyer) can ask a judge to review if their detention is legal. So if you were serving a 10 yr sentance, and they didn't release you after 10 yrs and didn't say why, you could use Habeus Corpus to have a judge review your case and order you released. Or if you were arrested and jailed but not charged, you could use Habeus Corpus to have a judge order the cops to either charge you or release you.

It has less to do with speedy trial as it does with the review of a given detention to determine if it is lawful. Of course, if you are just sitting in jail it can also help to speed up your trial.

Notice that I didn't just cut and paste like the below answers but instead explained the answer to you. Cut-n-pasters....

Check out this link.

http://en.wikipedia.org/wiki/Habeus_corpus

2006-09-04 07:40:56 · answer #1 · answered by Charles D 5 · 0 0

well, technically, the right to a trial. It means "produce the body"

"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."

2006-09-04 07:42:49 · answer #2 · answered by corwynwulfhund 3 · 0 0

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.

2006-09-04 07:41:11 · answer #3 · answered by ajd1bmf 4 · 0 1

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.

2006-09-04 07:41:08 · answer #4 · answered by Joe D 6 · 0 1

Habeas corpus is Latin and it means, "you have the body". Legally it is usually a writ from the courts to the police or jailer to produce a person for arraignment or trial. It has nothing to do with a speedy trial which is a constitutional guarantee.

2006-09-04 07:47:05 · answer #5 · answered by Anonymous · 0 0

yes You are correct.

2006-09-04 07:39:11 · answer #6 · answered by soapfan 3 · 0 1

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