Habeas Corpus

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Related to Habeas Corpus Act: Bill of Rights, Magna Carta, Bill of Rights 1689

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 ?
King James II attempted to circumvent the Habeas Corpus Act by having his judges demand that prisoners post exorbitant bail as a condition of release.
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.
107) Moreover, in practice judges applied many of the procedural protections(108) established for criminal cases by the celebrated Habeas Corpus Act of 1679(109) to noncriminal matters.
In so holding, the Supreme Court rejected the government's claim that its jurisdiction had been eliminated as respects pending cases by the Habeas Corpus Act of 1868 (15 Stat.
truest sense how many die in It is just over a week since the 331st anniversary of another hugely important date: the enacting of the Habeas Corpus Act of 1679.