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What is Habius Corpus?

2007-03-18 16:37:27 · 22 answers · asked by superisa2001lbs 1 in Politics & Government Other - Politics & Government

22 answers

The right to be charged with a crime, and the right to due process of the law. Without it the government could hold you forever without charges or a trial of any kind.

2007-03-18 16:40:13 · answer #1 · answered by Anonymous · 2 3

Here's what wikipedia says

In common law and other countries, habeas corpus (/'heɪbiəs 'kɔɹpəs/) is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action.

Known as the "Great Writ," a writ of habeas corpus ad subjiciendum is a court order addressed to a prison official (or other custodian) ordering that a prisoner be brought before the court so that the court can determine whether that person is serving a lawful sentence or should be released from custody. The prisoner, or some other person on his behalf (for example, where the prisoner is being held incommunicado), may petition the court or an individual judge for a writ of habeas corpus.

The right of habeas corpus—or rather, the right to petition for the writ—has long been celebrated as the most efficient safeguard of the liberty of the subject. Albert Venn Dicey wrote that the Habeas Corpus Acts "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty." In most countries, however, the procedure of habeas corpus can be suspended in time of national emergency. In most civil law jurisdictions, comparable provisions exist, but they may not be called "habeas corpus

2007-03-19 16:18:19 · answer #2 · answered by BeachBum 7 · 0 0

(note: Habeas Corpus is misspelt as Habius Corpus.)


Habeas Corpus
habeas corpus n. Law A writ issued to bring a party before a court to prevent unlawful restraint. [
The basic premise behind habeas corpus is that you cannot be held against your will without just cause. To put it another way, you cannot be jailed if there are no charges against you. If you are being held, and you demand it, the courts must issue a writ or habeas corpus, which forces those holding you to answer as to why. If there is no good or compelling reason, the court must set you free. It is important to note that of all the civil liberties we take for granted today as a part of the Bill of Rights, the importance of habeas corpus is illustrated by the fact that it was the sole liberty thought important enough to be included in the original text of the Constitution.


All those LIARLAWYER flap goings--on about in U.S. government, Habeas Corpus vs. Attorney General Alberto Gonzales vs. Senator Arlen Specter (Rep-Penn.) Link below.

2007-03-19 13:31:50 · answer #3 · answered by g p 6 · 1 0

A Habius Corpus is a written statement saying that a person must appear before a court

2007-03-20 10:24:38 · answer #4 · answered by kstwirler 1 · 0 0

In common law and other countries, habeas corpus is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action.

Known as the "Great Writ," a writ of habeas corpus ad subjiciendum is a court order addressed to a prison official (or other custodian) ordering that a prisoner be brought before the court so that the court can determine whether that person is serving a lawful sentence or should be released from custody. The prisoner, or some other person on his behalf (for example, where the prisoner is being held incommunicado), may petition the court or an individual judge for a writ of habeas corpus.

2007-03-18 16:42:35 · answer #5 · answered by Lizzy 4 · 5 0

Hi! Habeas Corpus is the Latin term for what, in English, means "deliver the body". Therefore, A writ of habeas corpus orders someone to release (deliver) someone (the body) from some circumstance they are being legally held under, forthwith! (Right now!)

2007-03-19 10:41:05 · answer #6 · answered by ciamalo 3 · 0 0

Latin for "You have the body." Most often, a writ of habeas corpus is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. A petition for a writ of habeas corpus often is filed in federal courts by state prison inmates who say their state prosecutions violated federally protected rights in some way.
www.ncpress.com/LegalFiles/glossary.html

2007-03-20 05:33:56 · answer #7 · answered by sushobhan 6 · 0 0

Literally the right to your body.
Submitting a writ of habius corpus can get you out on bail, or freed altogether in some cases - such as refusing to violate confidentiality and being thrown in jail for contempt.

2007-03-18 16:40:38 · answer #8 · answered by thedavecorp 6 · 1 1

Habeas corpus is essentially a safe guard against false imprisonment. It means you have the right to be seen by a judge to determine if in fact you should be detained. It dates back to England in 1679.

2007-03-18 16:43:19 · answer #9 · answered by William G 1 · 4 0

it's habeas corpis. it's a court order which directs police who have custody of prisoner to appear in court with the prisoner to help judge determine whether or not prisoner is lawfully in jail. a court order (writ) must be obtained by a petition to a judge in the district where prisoner is held, and the judge sets a hearing on whether there is legal reasoning for holding prisoner. habeas corpis is basically a protection against holding the prisoner illegally without charges or without due process.

2007-03-18 16:44:02 · answer #10 · answered by Anonymous · 3 0

Habeas Corpus is an order of the court to an officer or agency to present a person and cite the reasons why he is being detained.

2007-03-18 16:41:23 · answer #11 · answered by FRAGINAL, JTM 7 · 3 2

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