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In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law.A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into ...
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
The Act largely restored habeas corpus following its 1863 suspension by Congress, ensuring that anyone arrested after its passage could challenge their detention in the federal courts, but denied habeas relief to anyone who was already in military custody for any military offense or for having aided the Confederacy.
The Habeas Corpus Act 1679 is an Act of Parliament in England (31 Cha. 2.c. 2) during the reign of King Charles II. [2] It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment.
The Habeas Corpus Suspension Act, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners.
Latin Translation Notes habeas corpus [we command] that you have the body [brought up] A legal term from the 14th century or earlier. Refers to a number of legal writs requiring a jailer to bring a prisoner in person (hence corpus) before a court or judge, most commonly habeas corpus ad subjiciendum ("that you have the body [brought up] for the purpose of subjecting [the case to examination]").
The passage of the Habeas Corpus Suspension Act in March 1863 finally ended the controversy, at least temporarily, by authorizing presidential suspension of the writ during the Civil War, but requiring indictment by grand jury (or release) of political prisoners, and by indemnifying federal officials who had arrested citizens without habeas in ...
Plaque at the Old Bailey. Bushel petitioned the Court of Common Pleas for a writ of habeas corpus. Sir John Vaughan, Chief Justice of the Court of Common Pleas, initially held that the writ should not be granted, saying that it was King's Bench that should issue writs of habeas corpus in ordinary criminal cases and that Common Pleas could issue the writ only on a claim of privilege of the ...