Welcome to You Ask Andy

Jenny Gavin, age 15, of Watertown, N.Y., for her question:

WHAT IS A WRIT OF HABEAS CORPUS?

Habeas corpus is a legal term which, in its original Latin, means “you are ordered to have the body.” If a person has been arrested or is held by police, a lawyer or friend can obtain a writ of habeas corpus. This writ orders the police to produce the arrested person in court. The court then decides if the police have sufficient reason to hold the prisoner.

The writ of habeas corpus is one of the basic guarantees of personal freedom in English and American law. It prevents unjust or wrongful imprisonment or detention by legal authorities.

The writ of habeas corpus has been called “the greatest writ of personal liberty.” No person can be denied the writ except in times of public danger or when martial law is in force.

The Habeas Corpus Amendment Act was passed in England in 1679. The act strengthened the use of habeas corpus by stating that the Crown could not detain prisoners against the wishes of Parliament and the courts.

This concept of personal freedom has been carried over into the legal systems of the United States and Canada.

 

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