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Habeas Corpus

A.   A Judge's written order used to bring a person before the court to ensure that the person's imprisonment is not illegal.


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Legal Definition - 

A writ employed to bring a person before a court, most frequentlty to ensure that the party's imprisonment or detention is not illegal.
Black's Law Dictionary® Eighth Edition © 2004


Current Usage - 

A divided U.S. Supreme Court last week upheld the right of habeas corpus for foreign prisoners held by the military at Guantanamo Bay, Cuba. In a 5-4 decision, the justices wrote the U.S. Constitution defined the "privilege of habeas corpus" – or the right to go before a judge – as one of "safeguards of liberty." And that right extends even to foreigners who are captured in the war on terrorism, the court found. "Within the Constitution's separation of powers structures, few exercises of judicial power are as legitimate or as necessary as the responsibility to hear challenges to the authority of the Executive to imprison a person," Justice Anthony M. Kennedy wrote for the majority. "The detainees in these cases are entitled to a prompt habeas corpus hearing."
Rocky Mount Telegram, June 15, 2008   Read More...

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