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 ?
(37) The Court explained that while the Constitution authorizes Congress to suspend the writ of habeas corpus, the suspension power is a limited one.
That's what we should do, for the benefit of everyone, we should not threaten the public just because we are angry.) Duterte threatened to declare the suspension of writ of habeas corpus, citing that he has enough problems with criminality, drugs, and rebellion.
President Duterte recently announced that he would declare the suspension of writ of habeas corpus when 'pushed to his limits.'
In February last year, the SC declared constitutional President Duterte's extension of martial law and the suspension of the privilege of the writ of habeas corpus in Mindanao until Dec.
Notwithstanding the state's broad powers to detain non-citizens under immigration legislation, courts have, until recently, held that the right of all detainees to seek release by way of habeas corpus, enshrined in section 10(c) of the Canadian Charter of Rights and Freedoms, (4) was inapplicable to immigration detainees.
"Habeas Corpus'' has many of the makings of a standard farce -- mistaken identity, love triangles and foiled attempts at deception.
ISLAMABAD -- Chief Justice of Pakistan (CJP) Iftikhar Muhammad Chaudhry has taken notice of the incident of keeping Haji Abdul Hamid and his son and other associates in habeas corpus by police and later killings of his son and associates
Anthony Gregory: The Power of Habeas Corpus in America: From the 'King's Prerogative to the War on Terror.
Habeas Corpus in America: The Politics of Individual Rights.