Explain the writ of habeas corpus?

Answer 1

It is a legal document that requires authorities to bring an accused person to court for consideration of the offense: whether it exists or whether the accused is reasonably charged with it.

---

You will commonly get two different answers to a question like this. The first one is close, but not actually correct. These are both the wrong and right answers, because the wrong one is so often given that one should be able to recognize it, and know that it's wrong.

The Wrong Answer

The Latin phrase "habeas corpus" means, literally, "show me the body." It refers to a concept in British common law which requires that if a person is going to be convicted of murder (or even charged with murder, actually), then there had better be a dead body lying around somewhere to prove that a murder was even committed in the first place! Show me the body. Habeas corpus. Under habeas corpus, then without a dead body as proof that a murder has even been committed, then no one can even be arrested for murder, much less convicted of it.

The concept ensures that there is always evidence to support a criminal charge or conviction. Though the "corpus" part refers, specifically, to a dead body, the concept of "habeas corpus" extends to all areas of law, and in such case, the "corpus" actually refers to evidence. It still, in Latin, mean, literally, "dead body," but as a practical matter, in law, it simply means "show me the evidence." In other words, if you're going to arrest a guy for committing a crime, and if you're going to then convict him, then you had better have some evidence. And the rules of law, as well as the statutes which define the crimes, also define what "evidence" means, given the crime in question.

A "writ," in law, is a written document -- usually an order -- issued by a court of law.

So, then, a "writ of habeas corpus" is, literally, a court order demanding the show of a body, or the show of evidence.

The Right Answer

The term "writ" still means a legal document -- usually an order -- issued by a court of law. And the word "corpus," in the correct answer, still means body... though not a dead one.

And the word "habeas," in the correct answer, still kinda' means "show me," but it is actually the subjunctive tense of the medieval Latin -- actually, more specifically and accurately, the volitive subjunctive tense -- and so actually means "we command that you show."

And so, then, "writ of habeas corpus" means a court order which says, in effect, "we command that you show us the body." But it doesn't mean a dead body, nor does it refer to evidence. Rather, it is an order of the Court which commands the law enforcement office or jail that is holding someone prisoner to bring said prisoner before the Court.

The reason that a court would issue such an order is to ensure that someone who's been arrested, and is being held in jail, can't be held there forever, without the Court determining if the person was rightly arrested, and is being rightly held.

So it does means "show me the body," but by the time we get the tense in medieval Latin right, and by the time we take into consideration its historical use, it's really the Court demanding to see the body -- the living body -- of someone who's been arrested and is being held in detention so that the Court may decide if he was rightly arrested, and so, also, if the jailer may continue to hold him in custody.

In oppressive countries where governments are dictatorships, or countries where the military is in control, they will "disappear" people (usually dissenters or protesters of the government) into prisons, and try to keep anyone on the outside from communicating with them, and vice versa. An application for a writ of habeas corpus is something which may be made by friends and family of the person being held, and said application is made to a court of law. If the Court then agrees that the prisoner should be brought before it, so that the arrest may be analyzed by the Court for lawfulness, then the Court issues a "writ of habeas corpus" to the head of the prison ordering him to bring the prisoner to the Court. And it usually means right now!

In "shorthand" use, "habeus corpus" can refer to the application for the writ, or the issuance of the writ, or the entire process.

---
A writ of habeas corpus is an order to a detaining authority to show just cause for incarcerating someone.

It literally means, "you have the body." It is one among four rights guaranteed citizens in the pre-Bill of Rights Constitution (the others being protection from bills of attainder and ex post facto laws, and the final being the contracts clause, prohibiting states from impeding the terms of a valid contract).

While this answer refers to the writ of habeas corpus in the United States, it exists under various names and entitlements in other countries as well.

Answer 2

Habeas Corpus, literally in Latin "you have the body" is a term that represents an important right granted to individuals in America. Basically, a writ of habeas corpus is a judicial mandate requiring that a prisoner be brought before the court to determine whether the government has the right to continue detaining them. The individual being held or their representative can petition the court for such a writ.

Answer 3

People cannot be held in prison or jail without being formally charged with a crime.

Answer 4

The writ of habeas corpus is a legal term that is used to mean produce body. This is a court order given so as person especially a prisoner is produced by the government.

Answer 5

The term "habeas corpus" is latin for "have the body." A writ of habeas corpus is a legal proceeding used to challenge the legality of an imprisonment.

Answer 6

A writ of habeas corpus invokes the civil right for protection against illegal imprisonment, and it may order an accused prisoner to be brought before a judge.

Answer 7

to protect prisoners from false accusations and or not be put in jail without proof of committing a crime

Answer 8

A writ of Habeas Corpus is used in legal proceedings and requires that a person under arrest be brought before a judge or into court, the purpose being to prevent unlawful detention.

Answer 9

capt. dicksuck