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“Habeas corpus” is a Latin phrase which literally means “you have the body”. Basically, it is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his capture and detention, to do, submit to, and receive whatsoever the court or judge ...
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.
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.
ha· be· as cor· pus ˈhā-bē-əs-ˈkȯr-pəs. 1. : any of several common-law writs issued to bring a party before a court or judge. especially : habeas corpus ad subjiciendum. 2. : the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment.
Habeas corpus has certain limitations. The petitioner must present a prima facie case that a person has been unlawfully restrained. As a procedural remedy, it applies when detention results from neglect of legal process, but not when the lawfulness of the process itself is in question.
the writ of habeas corpus shall extend to all cases of illegal confinement or detention by which any person is deprived of his liberty, or by which the rightful custody of any person is withheld from the person entitled thereto.
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.
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." Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.
habeas corpus - A legal action that allows someone in custody to challenge the legality of their detention, often in instances where they're being held without charges, have been denied due process, have been granted parole, or have had probation terminated without cause.
Habeas corpus ( / ˈheɪbiəs ˈkɔːrpəs /; Latin for "you [shall] have the body") is a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. In the Bill of Rights of the Philippine constitution, habeas corpus is guaranteed in terms almost identically to those used in the U.S. Constitution.
