Continuing with the theme of explaining the name of the blog, this post we’re going to talk about Habeus Corpus. Here the black’s law dictionary definition: “ A writ employed to bring a person before a court, most frequently to ensure that the person's imprisonment or detention is not illegal ( habeas corpus ad subjiciendum ). • In addition to being used to test the legality of an arrest or commitment, the writ may be used to obtain judicial review of (1) the regularity of the extradition process, (2) the right to or amount of bail, or (3) the jurisdiction of a court that has imposed a criminal sentence.” It’s basically the mechanism by which you appear before the court to say that you have been wrongfully held in custody. It’s a right with a long history in the common law system and one that our founding fathers were determined to protect in the Constitution. Article I, Section 9, Clause 2 states: “The Privileges of the Writ of Habeas Corpus shall not be suspended unless...
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