Anybody who has seen court room movies or even read court room novels is likely to have come across the term ‘habeas corpus’. And a lot of you would be wondering what the term means. Habeas corpus is a Latin word and it means “you shall produce the body”. The writ of habeas corpus definition is simpler once you know the origin of the phrase. This writ is one of the most important aspects of criminal law, as it is directly linked to the protection of a person from wrongful detention or imprisonment.
Writ of habeas corpus definition
The definition of habeas corpus, and the writ of habeas corpus have been mentioned briefly above. Here is some more information which will help you with understanding the subject a bit more deeply. A habeas corpus writ is one of the best tools a person can use to fight against wrongful detention or imprisonment. The petition for such a writ can be filed in a court of law by the person who is kept under illegal detention, or by another person, acting on behalf of the person under imprisonment.
The writ of habeas corpus, once obtained, can be produced by the person before a prison official, jailer or custodian, to bring the person under custody to a court. The court will then determine whether the person is being kept under illegal imprisonment or not. The writ should mention that an error was made in keeping the person under imprisonment. It ranks high among the basic individual rights in the country. The Supreme Court has taken several measures to ensure that the writ of habeas corpus is not abused by prisoners.
Functions of habeas corpus
The beginning of the writ of habeas corpus can be traced back to the English common law. During those times in England, the monarchs had the right to know why any of the people under his or her protection were being detained or imprisoned. The English common laws had provisions for enabling the monarchs to the writ of habeas corpus. In the United States, once it became a constitutional republic, the people of the state replaced the monarchs, granting every individual the right to habeas corpus.
Unlawful punishment by the authorities responsible for upholding the constitutional rights of the individual in question, can only be tackeld effectively with the help of writ of habeas corpus.Google+