what is Habeas corpus?

Question

I just watch a video of Keith Oberman and he kept yapping about Habeus Corpus, and how the Leaders have sent it flyingout the window.

1. What is it? I have a rough idea but thats about it

2. Is it really abolished?

Answer 1

1:What is Habeas corpus?

From the Latin "you have the body" Prisoners often seek release by filing a petition for a writ of habeas corpus. 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.

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2. Is it really abolished?

According to the Military Commissions Act of 2006:

If a person is deemed an "Unlawful Military Combatant", they can be held in prison indefinately without being told specifically why they are there.

Since the U.S. Constitution sets forth the criteria that allows for Habeus Corpus to be suspended, I can only say that it will not be long before this comes to "trial" in front of the Supreme Court.

My guess there is that the Supreme Court will find the Military Commissions Act 2006 as "UNCONSTITUTIONAL".

I suggest you go to this site and read your Constitution.

http://caselaw.lp.findlaw.com/data/constitution/article03/06.html

Answer 2

I'm pretty sure on this, but I am sure some one else can help elaborate. Habeus Corpus literally means "show the Body", meaning that the prosecution must show evidence in order to convict a criminal.
I assume that Oberman is referring to parts of the Patriot Act, that many feel have sacrificed our rights in an attempt to help the war on terrorism.
Now, as to if it is really abolished or not, is a little harder question to answer. Generally it depends on the political affiliation of the person you ask. Some will say yes, some will say it is temporary, and others will say it doesn't matter as long as it protects American lives.

Answer 3

Habeas Corpus is a Latin term, Corpus means corps or body, and I believe Habeas is standing. But anyway, it means the right to a trial. This usually relates to your right to a trial, so that the police cannot lock you up for more than 48 hours without giving you a trial. It is not abolished, it is still very well a part of the legal system. The matter of what happens once you get to trial is a different story. But once you've been locked up, legally you cannot be kept for more than 48 hours without being charged with something.

Answer 4

Habeas Corpus is an order issued by the court to "Produce the Body" befor the court. In other words, the court determines immediatly if that person is being detained illegally and if so, to order their immediate release

Answer 5

habeas= you have
corpus= a body
this is latin for "you have a body". a writ of habeas corpus means that the authorities must file charges against that body (person) or set them free. one cannot be held for an indefinite amount of time without a trial or hearing to determine whether or not bail may be posted. if bail is denied, the writ of habeas corpus will be suspended.

Answer 6

It has not been abolished, American citizens and people in the US have the same rights to it, as ever.

As in WWI, WWII and other wars, POW's and prisioners for that way have never had the right to be heard in US courts,

This law merely continues what has always been happening.

Answer 7

It's the right to know why you are being held.

Answer 8

It's what we used to have.