Habeas Corpus is a writ or procedure that protects a person from detention by other person or other authorities by being ordered to appear in court to argue their case against such a detention. The detention, if not having any legal basis will be annulled by the court which should be respected by the detaining person. The phrase ‘Habeas Corpus’ is derived from the Latin language which means ‘You have the body”.
This is the general summary of the writ of Habeas Corpus definition. The law includes various guidelines and protocols which have been detailed through successive judgments. These should be strictly followed; only when the petition has valid arguments will the defendant be allowed free and only with cause will the court allow the detention to be extended. The defendant may seek the help of an attorney to file the petition. The writ is a fundamental right of freedom for the defendant to act against the arbitrary and lawless state action.
The writ is the part of a person’s fundamental right against unjust actions taken against him by the state or any other person. The law originated during the 1400’s in the English common law. The law preserves the right of convicted persons to act against any forced detentions that are influenced using the powers of the Government and Politics.
The petitioners are not allowed freedom with the help of the writ unless they can establish that the detention happened following errors from the judiciary or the government authorities. This law is sometimes misused by convicted criminals to bail out after successfully establishing a false view of the case with the help of a lawyer.
Habeas Corpus in US
The writ of Habeas Corpus has been allowed to all prisoners under the Federal government. All jurisdictions under the Federal government are required to strictly allow defendants to file the writ under almost all conditions. The writ is suspended in a few cases including the ones that affect the security of the nation or political imbalances.
The Federal court has no supervisory authority over the criminal proceedings in State courts. The State courts have the power to reject the intervention of Federal Courts in a writ. There have been a number of cases in the U.S in recent years where the Habeas Corpus writ was passed and the petitioner was granted freedom from detention.
The Habeas corpus is a constitutional right and is one of the most fundamental laws that protect the rights of a citizen. More articles on the writ of Habeas Corpus definition will be posted later. Keep reading!Google+