Difference between revisions of "Habeas corpus"
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HeartOfGold (talk | contribs) (I thought it was "produce the body") |
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A citizen's right to ''habeas corpus'' is their right to challenge the government to present a reason for her criminal or civil detention. This right was first secured by British citizens against their King with the signing of the [[Magna Carta]], a document upon which all Western [[democracy]] is based, and upon which the [[Founding Fathers]] of the [[United States of America]] heavily relied. | A citizen's right to ''habeas corpus'' is their right to challenge the government to present a reason for her criminal or civil detention. This right was first secured by British citizens against their King with the signing of the [[Magna Carta]], a document upon which all Western [[democracy]] is based, and upon which the [[Founding Fathers]] of the [[United States of America]] heavily relied. | ||
| − | In Latin, the phrase translates roughly as, "that one ought to have the body." | + | In Latin, the phrase translates roughly as, "that one ought to have the body" or "produce the body." |
The right to ''habeas corpus'' is phrased as a [[writ]], making reference to the arcane system of writs by which legal claims were adjudicated prior to the 1900s (e.g., the "writ of replevin," or "writ of mandamus"). Thus, the right is referred to as "the writ of ''habeas corpus''," or, "the Great Writ." | The right to ''habeas corpus'' is phrased as a [[writ]], making reference to the arcane system of writs by which legal claims were adjudicated prior to the 1900s (e.g., the "writ of replevin," or "writ of mandamus"). Thus, the right is referred to as "the writ of ''habeas corpus''," or, "the Great Writ." | ||
Revision as of 15:52, May 21, 2007
A citizen's right to habeas corpus is their right to challenge the government to present a reason for her criminal or civil detention. This right was first secured by British citizens against their King with the signing of the Magna Carta, a document upon which all Western democracy is based, and upon which the Founding Fathers of the United States of America heavily relied.
In Latin, the phrase translates roughly as, "that one ought to have the body" or "produce the body."
The right to habeas corpus is phrased as a writ, making reference to the arcane system of writs by which legal claims were adjudicated prior to the 1900s (e.g., the "writ of replevin," or "writ of mandamus"). Thus, the right is referred to as "the writ of habeas corpus," or, "the Great Writ."
The United States Constitution mentions the right in Article I, Section 9.[1] United States Attorney General Alberto Gonzales has pointed out that there is no expressed grant of habeas corpus in the Constitution.[2]
References
- ↑ U.S. Const., Art I, Sec. 9
- ↑ http://baltimorechronicle.com/2007/011907Parry.shtml