In Latin, the term Habeas Corpus means ‘have the body.’ The concept of this legal action or writ traces its origin back to the Middle Age England and is literally an order to produce the body. According to the writ of habeas corpus definition, any individual who has been detained can resort to this writ in order to seek justice against illegal detention. The writ of habeas corpus, also known as the ‘great writ’ protects a person against any harm that may be caused due to the unfair actions of the legal system. In modern times, any individual who believes that he has been held down illegally may file the writ of habeas corpus so that he is brought before the court to determine whether or not the detention is a valid and justified one or not.
The writ may be filed by the prisoner or any other individual who comes for his aid. A judge issues a habeas corpus order within the legal district where an individual has been detained. This order is served on the person, generally a warden who is in charge of the facility where the prisoner is being held. The order requires the warden, a police officer, the custodian, or any person in charge to produce the claimant in court on the specified date and time for a hearing to determine whether the individual was incarcerated on valid legal grounds or not.
Grounds for unlawful detention
According to the writ of habeas corpus definition, a detention can be considered as unlawful in the below mentioned circumstances.
- The detention was made in violation of the laws
- The procedures adopted for detaining an individual is not as per those set down by the law.
The writ of habeas corpus is a powerful legal principle to put a check on unjust and unlawful detention by the people in power. The court may decide to release an accused if it believes that he/she was detained without any legal justification. Therefore, this writ acts as protection to prevent the innocent from being wrongly punished.
That was some information regarding the writ of habeas corpus and its legal aspects. For more info on this legal principle, refer online legal resources or go through the law section of your local library. Avail the services of an experienced attorney if someone you know ha been detained on illegal grounds.Google+