habeas corpus

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Related to writ of habeas corpus: writ of mandamus

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 ?
The Constitution provides that the declaration of martial law and the suspension of the writ of habeas corpus shall be "for a period not exceeding sixty days", and any extension thereof may be granted by the Congress upon initiative of the President, in the "same manner" as the original proclamation sought to be extended," he said.
The improvident extension of martial law and the suspension of the writ of habeas corpus against remnants of terrorist groups is akin to killing a fly with a sledgehammer," he said.
Cuy issued the directive to DILG Regional Directors, Provincial and City directors, the Philippine National Police (PNP), other attached agencies and bureaus, field officers and others concerns as guidance on the Presidential Proclamation of Martial Law and the suspension of the privilege of the writ of habeas corpus in Mindanao.
On September 21, 1972 then President Ferdinand Marcos Sr imposed martial law by first suspending the writ of habeas corpus.
Thus, a medieval sheriff might receive a writ of habeas corpora juratorum (ordering him to appear in court with the bodies of potential jurors) or a writ of habeas corpus cum causa (ordering him to appear in court with the body of a prisoner "with cause" for the prisoner's confinement).
The current debate over suspending the writ of habeas corpus centers on the Great Writ.
Martial rule and the concomitant suspension of the privilege of the writ of habeas corpus gives our government forces something that mere call-out powers or states of emergency cannot provide: wider latitude for action.
EXPLAINER:Why is the writ of habeas corpus important?
Even under martial law or despite suspension of the privilege of the writ of habeas corpus, warrantless arrests cannot be done, said Senate Minority Leader Franklin M.
Last Friday, the supreme court rejected Erotokritou's petition for a writ of habeas corpus, following his conviction in February to three-and-a-half years in jail for conspiring to subvert the course of justice and bribery while serving as deputy attorney-general in 2013.
Outside of law schools and courtrooms, few people understand the implications of the writ of habeas corpus.
Constitution says: "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.