Habeas corpus?

Question

can anyone explain what habeas corpus is?

Answer 1

it is a writ(writ is an order)
by issuing such a writ,the court can get the body of any person released if it has been unlawfully captured by any person or a group of persons or by the state.this writ is thus a great safeguard for the personal freedom of a citizen.
habeas corpus come under the right which is the Right to constitutional remedies

there are many others which come under which are mandamus,prohibition,certiorari,quo-warranto.

Answer 2

Habeas corpus ad subjiciendum in its literal Latin name means "bring forth the body". Known as "The Great Writ", habeas corpus is designed to guard against unlawful or false imprisonment by the authorities.

Habeas corpus is a judicial mandate ordering that the prisoner be brought to court by his jailer to ascertain the validity of his imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error. Should the imprisonment be found to be unlawful, the prisoner is released immediately.

The famous jurist Dicey once said that habeas corpus "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty." Any habeas corpus actions usually take precedence over all other court work. It is an important check on the manner in which state courts pay respect to federal constitutional rights. However, in times of state emergency, the rights under habeas corpus may be suspended temporarily.

Answer 3

In common law, 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."[1]

Answer 4

It literally means "the right to your body."

A Writ of Habeas Corpus is done to get someone out of prison - let's say a judge misuses their powers and puts someone in jail for contempt - but you contest it, or you have some other legitimate reason why you cannot be in prison right now - you're a lawyer and you have to investigate, whatever - a Writ will get you back out again.

Answer 5

The proper court docket overruled the argument that the form or rights of habeas corpus do no longer stick to in Rasul v. Bush. Civil rights in spite of the undeniable fact that, could be suspended in time of conflict, and Habeas corpus pertains to criminal lawsuits and to no longer "enemy opponents," who could be detained for the era of "the conflict" See Padilla. Al Mari replaced into no longer an enemy combatant because of the fact he replaced into caught in the US and on no account certainly fought. In Al Mari v. Wright The court docket held that "because of the fact Congress has no longer empowered the President to subject civilian alien terrorists interior of usa to indefinite militia detention... we % no longer, and don't, be sure no count if this way of furnish of authority could violate the form. extremely, we only carry that the form would not supply the President appearing on my own with this authority". The regulation now factors sufficient relief for detainees and till all provisions for judicial evaluate are exhausted, the debate isn't ripe for correct court docket evaluate. yet see Justices Stevens and Kennedy's dissent in Boumedienne. exciting difficulty, i'm going to ought to income it extra later.

Answer 6

Present the body!! Means if you are convicted of a crime you have a right to attend court and confront your accusers.

Answer 7

Something they've forgotten when they started that Guantanamo Bay sh!t