habeas corpus

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Related to Habeus corpus: Magna Carta, writ of habeas corpus

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 ?
13) BRIAN MCGINTY, JOHN BROWN'S TRIAL (2009); BRIAN MCGINTY, THE BODY OF JOHN MERRYMAN: ABRAHAM LINCOLN AND THE SUSPENSION OF HABEUS CORPUS (2011).
Also said a Paul presidency would protect privacy and "never abuse habeus corpus.
This is just some of what the bill allows: broad definition of enemy combatant, no right to habeus corpus, arbitrary detention, unrestricted torture of detainees, all past acts of torture and abuse exonerated, military control over sentencing of detainees, use of coerced statements, reversal of Hamdi v.
The past six years have also witnessed a severe deterioration in civil liberties, with secret investigations, without warrant, of domestic phone records and secret mining of information from private banking records; suspension of habeus corpus and detention of foreign suspects without charges and without legal representation; the use of "rendition flights" to move suspects to third countries where they faced the prospect of torture; and memos from two attorneys general and statements by the president and vice president justifying the use of torture in interrogating terror suspects.
He has denied habeus corpus for years to Jose Padilla, an American citizen, along the way doing everything he could to prevent the Supreme Court from ruling on the constitutionality of his actions.
Defense lawyers immediately filed a habeus corpus injunction but it was denied on Aug.