habeas corpus


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habeas corpus

(hā`bēəs kôr`pəs) [Lat.,=you should have the body], writwrit,
in law, written order issued in the name of the sovereign or the state in connection with a judicial or an administrative proceeding. Usually the writ requires the person to whom the command is issued to report at a fixed time (the return day) with proof of compliance or a
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 directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a specified place for a specified purpose. The writ's sole function is to release an individual from unlawful imprisonment; through this use it has come to be regarded as the great writ of liberty. The writ tests only whether a prisoner has been accorded due process, not whether he is guilty. The most common present-day usage of the writ is to appealappeal,
in law, hearing by a superior court to consider correcting or reversing the judgment of an inferior court, because of errors allegedly committed by the inferior court.
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 state criminal convictions to the federal courts when the petitioner believes his constitutional rights were violated by state procedure. An individual incarcerated in a state prison is expected to exhaust all possible routes available before applying to a federal judge for habeas corpus.

The term is mentioned as early as the 14th cent. in England, and was formalized in the Habeas Corpus Act of 1679. The privilege of the use of this writ as a safeguard against illegal imprisonment was highly regarded by the British colonists in America, and wrongful refusals to issue the writ were one of the grievances before the American Revolution. As a result, the Constitution of the United States provides that "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" (Article 1, Section 9). President Lincoln suspended habeas corpus in 1861 at the beginning of the Civil War, and his decision was upheld by Congress—despite protests by Chief Justice Roger Taney that such suspension was not within the powers of the president. The Supreme Court's liberal decisions in the 1950s and 1960s in the area of prisoners' rights encouraged many incarcerated persons to file writs challenging their convictions, but the Court under William Rehnquist limited multiple habeas corpus filings, particularly from prisoners on death row.

Bibliography

See P. D. Halliday, Habeas Corpus: From England to Empire (2010); J. J. Wert, Habeas Corpus in America (2011).

habeas corpus

Law a writ ordering a person to be brought before a court or judge, esp so that the court may ascertain whether his detention is lawful
References in periodicals archive ?
Despite its place in the Constitution and its earlier appearance in Common Law, habeas corpus, as Gregory proves, has just as often advanced the power of the state as protected the individual against arbitrary arrest and incarceration.
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.
The writ of habeas corpus now upheld by the Supreme Court failed to secure his release as the US failed to act on the writ and it was subsequently discharged.
He begins with the antebellum era when the issue of slavery dictated state and federal government understanding of habeas corpus and both antislavery and proslavery proponents used the writ to try to advance their cause.
The emphasis on government power rather than on individual rights can be seen in most judicial arguments concerning the scope of habeas corpus in one area or another.
This emphasis can be seen in the works of those who, in a narrow circumstance, argue for extension of habeas corpus.
32) This body of case law sets the broad framework for habeas corpus actions brought by Guantanamo detainees today.
38) Congress is not authorized to suspend the writ of habeas corpus "unless when in Cases of Rebellion or Invasion the public Safety may require it.
As the bulwark against arbitrary detention at the hands of government, the habeas corpus remedy was viewed as the front line in the struggle against disappearances.
On the other hand, the cases of the Inter-American Court and Commission have focused primarily on whether habeas corpus is available at all.
These were the two issues they deemed most important: [1] Whether Section 5 of the MCA does preclude Petitioner from invoking the Geneva Convention Relative to the Treatment of Prisoners of War, as a source of rights in a habeas corpus proceeding'; and '[2] Whether, assuming Petitioner can assert a claim based on the Geneva Convention, his extradition to France would violate the Convention.
De esos y muchos otros documentos que reiteradamente se citan como antecedentes del habeas corpus y de la accion de tutela, hay evidencia historica.