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I have forgotten ; what is habeas corpus ?

NY Times Wed paper -
Any law students up late tonight ?
My GOOGLE app not working -

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A writ requiring a person under arrest to be brought before a judge or into court. The legal right to apply for such a writ.

Basically innocent until proven guilty and to have a fair, speedy trial amongst your peers.

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I'm coming back to this before I ask my husband.. So, before I stop being lazy and look this up... what does writ mean. get the rest. I just don't understand what writ is? Thanks, in advance, for my humble ignorance. :)
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A writ is an order issued by a court ordering someone to do something.
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Thank you rghurst! :)
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innocent until proven guilty. (not a law student but i remember it from world history)

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Good of you to remember from world history. I couldn't remember either and saw your answer while cruising by. :) Have a nice night.
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your welcome :)
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Innocent until proven guilty and habeas corpus are two totally different concepts.
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oh really i thought it was the same thing so what is it?
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See my answer below. Habeas corpus has to do with due process and protection from incarceration without trial. Innocent until proven guilty is the standard that is applied once the person is finally brought to trial.
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"Show the body"
Ex. Some guy goes to jail cos you said he killed someone.
You would have to show them proof in order to accuse him , showing them the body. I believe that's what it is

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Absolutely and totally wrong!
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Oops then lol
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Habeas corpus is an order to have someone who is incarcerated appear before a judge and have the charges against him read. It is a way to stop the government from jailing people without oversight by the courts. The Bush administration attempted, with some success (look up the Patriot Act) to avoid habeas corpus for people that were accused of supporting terrorism. The Bush administration was one of the most anti- American administrations ever.

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Thanks !!

PAH
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Writ of Habeas Corpus The primary function of the writ is to release from unlawful imprisonment...The office of the writ is not to determine prisoner's guilt or innocence, and only issue which it presents is whether prisoner is restrained by his liberty of due process.

As my Civil Liberties professor explained it in grad school, all habeas corpus means is "show the body"--in other words, you {the state} don't have to prove that the detainee actually committed the crime at this point (although you need to show probable cause or have a reason for suspecting that the detainee might be guilty); you just have to tell what crime you believe was committed which justifies the detention.
Habeas corpus is at the root of our legal system--at the root of our liberties. It requires that the state be accountable for taking the liberties of individuals away; that those whose liberties are taken away be given notice of the cause, and have recourse for challenging. Here's the site I quoted: http://redstateeclectic.typepad.com/redstate_commentary/2007/09/habeas-corpus-r.html

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Thanks !!!

PAH
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