Habeas Corpus


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Habeas Corpus

A writ one may file requiring the custodian of a prisoner to justify in court that the imprisonment is legal. For example, if one is arrested without proper warrant, one may file habeas corpus for one's release. It should be noted that the right to file habeas corpus may be suspended in national emergencies or for other reasons. The concept comes from English common law.
References in periodicals archive ?
But the Habeas Corpus Act allowed a person convicted of a crime in state court to request a writ of habeas corpus from a federal court, based on a showing that the person's incarceration violated the U.
The Court has consistently paid homage to the importance and value of habeas corpus historically;(57) nevertheless, it has generally articulated a narrow view of the writ's scope at common law.
Second, the fact that habeas corpus was used as a way to enhance state power should cause no surprise to students of modern European history.
Precedent exists for the UN to issue Writs of Habeas Corpus on behalf of individuals detained because of human rights violations.
It is true that the writ of habeas corpus predates the modern conception of negative liberties, or the right to be free from government encroachment.
On the other hand, the cases of the Inter-American Court and Commission have focused primarily on whether habeas corpus is available at all.
The availability and meaning of habeas corpus expanded in the 15th century.
For nearly 800 years, habeas corpus has prevented wrongful imprisonment and held governments accountable throughout the world.
But Representative Ike Skelton, chairman of the House Armed Services Committee, chose not to include habeas corpus in his baseline version of the measure, known as the chairman's mark, which will be taken up by the committee today.
So all you need is a good habeas corpus amended for your state, sign it but DO NOT DATE IT.
What this bill will do is take our civilization back 900 years," said Senator Arlen Specter, Republican of Pennsylvania, who introduced an amendment to preserve habeas corpus.
Hill can be treated as a federal civil rights lawsuit, as Hill argues, or a petition for habeas corpus, as Florida argues.