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A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.
habeas corpus, an ancient common-law writ, issued by a court or judge directing one who holds another in custody to produce the person before the court for some specified purpose.
Habeas corpus is available to counter misuse of power in the form of illegal arrest, imprisonment or detention. Application for it must be made to the competent court. Application for a habeas corpus order may be made by the person so arrested, imprisoned or detained, or by any citizen in possession of his political rights.
Jun 13, 2015 · Habeas corpus is a legal action in which a prisoner challenges the authority of the jail or prison to continue holding him. This Latin term translates as, “ you have the body ,” and it allows incarcerated people to seek relief from unlawful confinement.
The meaning of HABEAS CORPUS is any of several common-law writs issued to bring a party before a court or judge; especially : habeas corpus ad subjiciendum. How to use habeas corpus in a sentence.
Apr 20, 2007 · What is Habeas Corpus? The “Great Writ” of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Translated from Latin it means “show me the body.”
In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law.
Habeas corpus, or the Great Writ, is the legal procedure that keeps the government from holding you indefinitely without showing cause. When you challenge your detention by filing a habeas corpus petition, the executive branch must explain to a neutral judge its justification for holding you.
A Writ of Habeas Corpus Explained. A writ of habeas corpus is a tool that the framers of the United States Constitution carried from England to enable any confined person to challenge the circumstances that led to their confinement.
habeas-corpus-the-process-of-the-writ. U.S. Constitution Annotated. The following state regulations pages link to this page. U.S. Constitution Annotated Toolbox. Explanation of the Constitution- from the Congressional Research Service. Accessibility.
