2006-09-25 10:50:37 · 6 answers · asked by latoya G 1 in Education & Reference ➔ Homework Help
A petitioner seeks a writ of habeas corpus to challenge the legality of their detention. Most often, a prisoner who has been convicted seeks a writ of habeas corpus, challenging the process that put them away. For example, when a prisoner has been convicted and sentenced to death, he may seek a writ of habeas corpus to challenge the trial, or to try to bring in new evidence of his innocence. But a writ of habeas corpus may also be sought to obtain the release of a prisoner who has not yet been convicted, if there are grounds to challenge the legality of the custody.
"Habeas corpus" means "produce the body." Typically, the warden of the prison who holds the petitioner is the person who is sued, but the State is the entity that responds.
Habeas corpus is used every day, all the time, in the United States. There are both state habeas and federal habeas remedies, although federal habeas was curtailed by 1996 legislation. The United States Constitution contains a clause known as the "suspension clause" that provides that the right of a prisoner to seek habeas corpus shall not be suspended.
2006-09-25 11:03:55 · answer #1 · answered by mindse 1 · 0⤊ 0⤋
Habeus Corpus is used daily in courtrooms all over the U.S. It is used to get evidence, it is used to bring people to court.
Habeus Corpus refers not only to dead bodies but live ones as well plus a body of evidence.
2006-09-25 10:52:53 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It's used all the time.
2006-09-25 10:51:24 · answer #3 · answered by TxSup 5 · 0⤊ 0⤋
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2016-11-23 21:19:25 · answer #4 · answered by dungey 3 · 0⤊ 0⤋
It gets used every day. Otherwise no one would end up out on bail.
2006-09-25 10:52:12 · answer #5 · answered by Rich Z 7 · 0⤊ 0⤋
it's used all the time, to compel the prosecution to present their evidence.
2006-09-25 10:52:19 · answer #6 · answered by Rusty Shackleford 4 · 0⤊ 0⤋