Also why it is referred to as the cornerstone of the American judicial system... This is on a study guide and I just cant find an answer...
2007-02-20 13:32:58 · 10 answers · asked by branda 1 in Politics & Government ➔ Law & Ethics
Well, it was written into the Constituion's body...
Put simply, it is the right of a prisoner to see the evidence against them. It is the basis for allowing people to have a defense, a jury trial, everything.
It was also the first criminal right in the west. It means literally. "show the body" it was first secured in the Magna Carta. In order to be punished, there had to accually be evidence. That's why it's such a bid deal that we're denying it now.
2007-02-20 13:41:01 · answer #1 · answered by The Big Box 6 · 0⤊ 0⤋
The procedure for issuing a writ of habeas corpus was first written into the legal code in 1679. But was first used in 1305. Until 1679 its use was restricted by judicial rule. Habeas Corpus is the legal action giving the accussed their day in court. Up until this time only the king had the power to summon a jury to conduct a trial. It is refered to as the cornerstone of the american judicial system because it is what guarentees your day in court... in other words the whole innocent until proven guilty thing
2007-02-20 13:45:35 · answer #2 · answered by johnnyrebel1982 2 · 0⤊ 0⤋
It can be traced all the way back to the Magna Carta, in the days of King John of England (at the time of the Crusades). Gradually, from the 1600's (the two King Charles) to the 1800's, the principle of habeas corpus began to take root in the minds of the British judiciary.
The USA inherited it from the British, and incorporated it into its constitution.
Bush appears to be the first president of the United States to systematically ignore it.
Unfortunately, Canada has been following suit.
2007-02-20 13:38:45 · answer #3 · answered by Mr Ed 7 · 1⤊ 0⤋
In England, as in much of Europe at the time, the reigning monarchs could lock up a person without charges. Habeas corpus was included in the Bill of Rights to make sure the government would not do that here.
2007-02-20 13:37:36 · answer #4 · answered by Anonymous · 1⤊ 0⤋
it is the cornerstone of law . if you take it out the whole law process crumbles. basically it means due judicial process, please do not ask a lawyer he will charge you for it. PS. better research the subject more. judicial process means --there has to be defense and evidence shown in court in the proper manner etc. too long to explain --when free. voila.
2007-02-20 13:39:30 · answer #5 · answered by s t 6 · 1⤊ 0⤋
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It's a court order requiring a non-party to a lawsuit to show up at court and supply documents relevant to a case.
2016-04-08 02:19:19 · answer #6 · answered by Anonymous · 0⤊ 0⤋
it was the basic foundation for the due process of law
2007-02-20 13:35:23 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You can't just accuse and trie someone for something you think they did. You have to have evidence.
2007-02-20 13:36:10 · answer #8 · answered by BlueSea 7 · 1⤊ 0⤋
Go here:
http://en.wikipedia.org/wiki/Habeas_corpus
Hope it helps! : )
2007-02-20 13:38:03 · answer #9 · answered by Anonymous · 1⤊ 0⤋
i also don't know
2007-02-20 13:34:53 · answer #10 · answered by kxyoon96 1 · 0⤊ 1⤋