The Writ of habeas corpus is a civil proceeding that traces its origins back to Fourteenth century England. It is available in both the State and Federal Courts and is a legal instrument introduced to question the legality of any imprisonment. Despite being available in both the State and Federal courts, there are numerous rules surrounding the circumstances when and where this writ can brought to court.
This writ is brought before a Supreme Court Judge in New York state courts and can be used for a variety of reasons such as to request a reduction in bail, to challenge one’s detention, to remedy one’s treatment while imprisoned and the like. Any individual under the state’s custody can seek this remedy.
The writ of habeas corpus definition has been subjected to a great deal of legislation and litigation in the Federal courts. The statutes detailing the circumstances and the reasons for bringing this writ to court are complex, especially with respect to when it can be brought. The Anti terrorism and Effective Death Penalty Act that was passed in the year 1996 brought with it various limitations regarding when this writs can be brought in a federal court.
According to the Title 28 U.S.C. § 2244(d)(1), application for the writ of habeas corpus by an individual in custody is subject to a 1 year limitation in accordance with the judgment of a State court. The writ of habeas corpus definition specifies that this period of limitation starts either from the date on which the judgment was made final by conclusion of the direct review or the expiry date of the period for seeking such a review, whichever comes first.
The term ‘when the judgment is final’ is interpreted according to the State jurisdiction and the appeals process followed. In the instance where you or your client is imprisoned unreasonably, consult an experienced attorney right away, as there are important restrictions on the statutes for challenging the legality of an imprisonment.
That was some information about the writ of habeas corpus and its legal aspects. This legal principle is an important part of the criminal justice system to check the illegal imprisonment of innocents. For more information about this writ, check out online legal resources. Students of law are encouraged to go through previous cases where this writ was brought to court to get a better understanding of this legal proceeding.Google+