About the US Constitution?

Question

The US Constitution protects a citizen's right to the writ of habeas corpus, which forces a jailer to release a person from prison unless the person has been formally charged with,or convicted of, a crime.
Right or Wrong?

Answer 1

Yes it does it says .The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it.

Answer 2

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.

Article One, Section 9 of the United States Constitution reads as follows:

"The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it."

Answer 3

Please read the Wiki article:
The United States Constitution specifically included the English common law procedure in the Suspension Clause, located in Article One, Section 9. It states:

“ The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it. ”

Answer 4

Habeas Corpus
Habeas Corpus, "you should have the body," guarantees that a person can only be arrested pursuant to the law, and not simply at the will of some despotic governing authority. It is a legal procedure in the form of a writ that demands that a person be brought before a magistrate and charged under due process, or else that he be immediately released. It protects the people by preventing government from making arbitrary arrests.
We have no constitutional rights any more .Judges have betrayed our country the honor ,dignity and authority of their oath and office ,and most of all they have betrayed the the people they were given that authority and trusted to protect from government .They have taken our rights of the constitution and basically said( to bad ) what can you do about it .Writ of habeas corpus means you can not be jailed without being charged ,and going before a judge.Exactly what this administration has done by putting a terrorist label on someone .Thats all it takes, it makes no differance if you are or not .You dont get a chance to defend yourself or plead your case because you dont go to court just prison .Corruption by our judges and political leaders is an insult to the principles of our constitution .People no longer have a right to redress govt with greivances This was put in the constitution so people would have a peaceful way besides revolution to resolve greivances . Federal Court ruled govt. doesnt even have to acknowledge the peoples greivances and you no longer have that right .Fundamental juridical rights, such as the Habeas Corpus and Trial by Jury, help prevent the oppression of individual citizens by limiting the capacity of government officials to persecute persons based on trumped-up charges or non-existent offenses
It is (the jury’s )right ,and primary and paramount duty to judge the justice of the law, and to hold all laws invalid that are in (its)opinion, unjust or oppressive and all persons guiltless in violating or resisting the execution of such laws- Lysander Spooner(1852) Today judges dont tell juries they have a right to judge the law as well as fact .They will kick you off a jury if you know what (Jury Nulification) is .They allow police and prosecutors to lie in court . 200 inocent people on death row we were going to murder until DNA tests proved they were innocent . Who is responsible for the innocent people murdered in the name of the law before DNA .Another example of corruption by judges Taking the rights equal to all men in laws governing their lives and families
Ruling that money is a form of freedom of speech ,
That some one who gives more money wants his voice heard louder by our political leaders If money is freedom of speech Then speech should also be money and you be able to purchase items of great value to increase the quality of ones life with words .
As there is nothing of more value than the laws governing our lives
This puts our government officials for sale to the highest bidder

"[The] best principles [of our republic] secure to all its citizens a perfect equality of rights." --Thomas Jefferson: Reply to the Citizens of Wilmington, 1809. ME 16:336
>In America, no other distinction between man and man had ever been known but that of persons in office exercising powers by authority of the laws, and private individuals. Among these last, the poorest laborer stood on equal ground with the wealthiest millionaire, and generally on a more favored one whenever their rights seem to jar." --Thomas Jefferson: Answers to de Meusnier Questions, 1786. ME 17:8

Answer 5

Wrong, it is not out right release but a change in venue to allow the release because they were wrong in the charge and how it was handled and the writ is a motion to correct the wrong

Answer 6

Wrong... Habeas Corpus merely means to "produce the body"... it doesn't get you OUT of jail but it does get you presented in front of a Judge... It keeps people like George Bush from arresting people and putting them in some dark dungeon and throwing the key away.

Answer 7

Wrong. Habeus corpus merely means" You have the body-Bring it to court" All it does is gets you a hearing to see if you are being held/detained legally.

Answer 8

Unless it is suspended as was such during the Civil war the answer is Right

Answer 9

uh, I am a northern non-racist, ok?
President Lincoln suspended Habaes Corpus, too, in a time of war.

am not horribly fond of Pres Bush, did not vote for him, but, am kinda oppositional, and the less popular he becomes, the more i like him

Answer 10

It was put in place to prevent a Guantanmo type of situation...where someone could be put in jail for speaking out against the government, sleeping with the Sherriff's wife, etc. - charges must be brought against the accused.


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