What is Habeaus Corpus?

Question

I don't understand what it is, i need a simple explanation. I need to use it and how it pertains to the death penalty.

also what amendment is it in?

Answer 1

Habeaus Corpus is a petition to produce a person publicly and know the reason for his custody. With regards to death penalty, the people has the right to know what is the reason for the detention and for the penalty of death of the person.

Answer 2

Habeas corpus is Latin for "you have the body," ordinarily directed to a law enforcement agency in what is known as a writ of habeas corpus. The writ is a document issued by a court in response to a petition in which a law enforcement agency is ordered to produce someone being held in custody and legally justify holding the prisoner or the court will order his or her release.

Of note is the fact that President Abraham Lincoln suspended the right of habeas corpus, which is provided for in Article One, Section Nine of the U.S. Constitution, during the Civil War and that the United States Supreme Court did not get around to striking down his actions until after the war was over.

If you will click on the link shown below in the Source box, you'll see that Lincoln got away with suspending the writ because only Taney challenged him and Taney, although Chief Justice, didn't have sufficient power to make it stick. Nevertheless, Lincoln backed off and his actions were actually repudiated by the Supreme Court, but not until after the war had ended.

Answer 3

It's a writ (a petition to a higher court to direct the lower court to either remand for new trial or release you from custody). It's name is not used in the constitution, but the right is in Art. 5, §2. It can be used by anyone unlawfully detained (usually because of a procedural defect in their trial, sentencing or appeal, but can also be because of actual innocence with new evidence--DNA more commonly now). Everyone detained has the right to petition the court to review their detention for lawfulness. You do it first in your State courts, and then through the federal courts. Occasionally the US Supreme Court will take a case (like the current detainee issues). Hope that helped.

Answer 4

I believe it is due process.

Habeaus Corpus in regards to the death penalty is a criminal getting a trial by a jury of his peers, and the right to appeal his conviction any legal way possible.

Answer 5

A writ of Habeaus Corpus is a demand/challenge to the Police/jailers to provide evidentiary proof of why they are holding someone in jail, before a judge, or else release them immediately.

Answer 6

it is translated as, produce the body, and its not always about a dead body, it means bring the prisoner to court, or to an attorney a judge says to produce the living witness (habeus corpus) stuff like that

Answer 7

its the body, as in we have his physical body in jail awaiting transport

Answer 8

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