what is a writ of habeus corpus ?

Question

I know it's a legal action, but what exactly ?

Answer 1

The writ is a court order demanding production of a prisoner who is being held by some other authority. It means "let us have the body".

The term is most often (incorrectly) used to refer to the petition filed with the court to obtain such a writ.

The most common usage (in the US) is where one authority (such as a state, or military custody) is holding someone and the petitioner believes the detention or imprisonment violates federal law (or equivalent). The petitioner can petition federal courts for a writ of habeas corpus asking the federal court to review the detention and determine if it is legal.

The right to petition for a write of habeas corpus is explicitly protected in Article I Section 9 of the Constitution.

"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."

That means that as long as the courts are open for business, someone can petition for the writ. It can only be suspended where it would be too dangerous to allow the courts to remain open.

Answer 2

Habeus Corpus is latin for "have the body".

It is the name of a Writ (a legal document demanding a particular action) that seeks an order that a specific government entity release a specific person because they have no valid reason for holding them.

For example, you were sentenced to jail until your eighteenth birthday. On the day after that, they fail to release you. A Writ of Habeus Corpus demands your release.

Answer 3

It means that the state is holding the person illegally, or without charge. The Writ is simply the legal document that puts forth the charge to the judge so that the judge can sign it and get the prisoner released. For instance, the police can arrest you and hold you for three days without a charge on probably cause. After that, they must officially charge you with something and have a judicial arraignment on that charge. If no charge is brought and you are continuing to be held, then habeas corpus is in effect and a writ can issue for your release. Another scenario is that you are charged with a crime but it is the wrong charge or the wrong crime. A writ can be issued telling the judge that they have the wrong person or that the person is being held wrongfully.

Answer 4

It is a legal action that can be used to force the government to bring a prisoner to court and show just cause why that person has been detained. Basicallly, it is the constitutional protection against being arrested and held without charge.

Lincoln suspended it during the Civil War. And George W. Bush claims the right to ignore it if he (and he alone) determines that a person is an "unlawful enemy combatant"

Answer 5

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

Answer 6

Due process...