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WRIT OF HABEAS CORPUS
A WRIT WHICH DEMANDS THAT GOVERNMENT OFFICIALS, ALMOST ALWAYS POLICE OFFICERS, JUSTIFY BEFORE A JUDGE WHY A PERSON IS BEING HELD. MOST USED IN CRIMINAL LAW CASES.

NOTE THAT A WRIT OF HABEAS CORPUS WOULD NOT BE USED TO OBTAIN THE RELEASE OF SOMEONE LAWFULLY HELD BY ADMINISTRATORS--IT CAN ONLY BE USED TO THE EXTENT OF ONE ILLEGALLY HELD
THE GROUNDS AN INMATES MUST FILE UPON ARE WHY S/HE THINKS THEY ARE ILLEGALLY DETAINED OR INCARCERATED.

2007-10-06 17:34:57 · answer #1 · answered by ahsoasho2u2 7 · 0 0

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“Habeas corpus is the Latin phrase for "you have the body." Prisoners often seek release by filing a petition for a writ of "habeas corpus."

A "writ of habeas corpus" is a "judicial mandate" to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody.

A "habeas corpus petition" is a petition filed with a court by a person who objects to his own or another's detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error.

Habeas corpus petitions are usually filed by persons serving extended prison sentences. In family law, a parent who has been denied custody of his child by a trial court may file a habeas corpus petition. Also, a party may file a habeas corpus petition if a judge declares her in contempt of court and jails or threatens to jail her.
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2007-10-06 16:26:25 · answer #2 · answered by Answer Here 3 · 1 0

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