Habeas Corpus Writ shall not be suspended. . .

../graphics/Image1.gif

Habeas Corpus Writ shall not be suspended

A Habeas Corpus Writ is not a solution to every defendant's problem. The Habeas Writ is purposed to get the accused before the court to state a defense or claim. The constitution states that the Habeas Writ shall not be suspended. . . However, many state and local governments have replaced the Habeas Writ with Personal Restraint Petitions. One can only guess, but doing away with Habeas Writs, what personal restraint upon liberty and freedoms will be next? EXCERPTS FROM OTHER SOURCES: Habeas Corpus has been called the great writ of personal liberty. Habeas Corpus is a legal term, which, in the 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. When the prisoner is produced, the court decides whether the police have sufficient reason to hold him in prison. 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. It has been called: "The Great Writ of Personal Liberty." No person can be denied the writ except in times of "public danger or when "martial law" is in force. In 1215, England's Magna Carta laid the foundation of the present form of Habeas corpus in all English speaking nations (see Magna Carta). It has been a part of English law since that time, and has been carried over into the legal systems of the United States and Canada." THE WORLD BOOK ENCYCLOPEDIA.

Back to Contents

	Habeas Corpus Writ shall not be suspended
	A Habeas Corpus Writ is not a solution to every defendant's problem. The Habeas Writ is purposed to get the accused before the court to state a defense or claim. The constitution states that the Habeas Writ shall not be suspended. . . However, many state and local governments have replaced the Habeas Writ with Personal Restraint Petitions. One can only guess, but doing away with Habeas Writs, what personal restraint upon liberty and freedoms will be next? EXCERPTS FROM OTHER SOURCES: Habeas Corpus has been called the great writ of personal liberty. Habeas Corpus is a legal term, which, in the 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. When the prisoner is produced, the court decides whether the police have sufficient reason to hold him in prison. 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. It has been called: "The Great Writ of Personal Liberty." No person can be denied the writ except in times of "public danger or when "martial law" is in force. In 1215, England's Magna Carta laid the foundation of the present form of Habeas corpus in all English speaking nations (see Magna Carta). It has been a part of English law since that time, and has been carried over into the legal systems of the United States and Canada." THE WORLD BOOK ENCYCLOPEDIA.
	Back to Contents