Writ of Habeas Coprus

A writ of habeas corpus is a legal order that requires a person who is holding someone in custody to bring the detainee before a court to determine if their detention is lawful. It serves as a protection against unlawful imprisonment, allowing individuals to challenge their detention in court.

The origins of habeas corpus can be traced back to the Magna Carta in 1215, which established that no one should be imprisoned without lawful judgment. The writ has evolved over centuries, becoming a critical tool in both English and American law. It was codified in the Habeas Corpus Act of 1679, which aimed to limit the king’s power to detain individuals without just cause.


Habeas Corpus in the United States Constitution:

Article I  Legislative Branch

  • Section 9 Powers Denied Congress

    • Clause 2 Habeas Corpus
    • The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
    • Clause 3 Nullification
    • No Bill of Attainder or ex post facto Law shall be passed.

SOURCE


Author: Christopher Van Hassel

Equine Advocacy and Journeyman Journalism