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 ?
68) In Ex parte Merryman, (69) Justice Taney observed that the early habeas corpus acts in England were not enacted merely to "bestow an immunity from arbitrary imprisonment" but instead to "cut off the abuses by which the government's lust of power .
Every time a legislature has taken up the writ, whether by Parliament's passage of the Habeas Corpus Act of 1679, the Constitutional Convention's agreement on the Suspension Clause, or the Reconstruction Congress's passage of the Habeas Corpus Act of 1867, the broadening of centralized habeas has not been nearly as much a victory for the individual detainee as one might have hoped.
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.
The Habeas Corpus Act was passed the year following the drafting of the Fourteenth Amendment, which added to the Constitution the provision that no state shall "deprive any person of life, liberty, or property, without due process of the law.
The Habeas Corpus Act can only be suspended when there is a war or a terrorist threat.
This kind of habeas corpus originated after the Civil War, when the Reconstruction Congress passed the Habeas Corpus Act of 1867.
Later, in 1679, Parliament passed the Habeas Corpus Act, which protects British subjects from being jailed indefinitely without charges or bail, imprisoned twice for the same offense, and forcibly transported to prisons outside the country.
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.