Q:

How do you write a writ of habeas corpus?

A:

A writ of habeas corpus is a court order to an institution ordering a prisoner brought to the court on the grounds of possible unlawful imprisonment. The prisoner or a lawyer does not write the writ but rather write a petition to grant the writ. To do this, the petitioner fills out the proper state or federal form giving the facts of the custody and legal basis for the petition.

Habeas corpus, which in Latin means "you have the body," is a legal means for citizens to avoid being held without trial and to protest improper jail conditions. If the custodian cannot prove justification for the imprisonment, the court can order the prisoner's release. The U.S. Constitution provides for habeas corpus, as do many state constitutions. For a writ of habeas corpus to be granted, the prisoner must already be in custody, and the state appeal process must already have been exhausted.

In a habeas corpus review, a court is allowed to consider new evidence. Due process provides prisoners with guaranteed rights such as the right to counsel, protection from unlawful search and seizure, and a fair and speedy trial by a jury of peers. Habeas corpus is commonly used as a post-conviction last resort by prisoners who are convinced that one or more of their due process rights were violated during the course of the judicial proceedings leading to their imprisonment.


Is this answer helpful?

Similar Questions

  • Q:

    What is a court judgement ?

    A:

    According to the Legal Information Institute of the Cornell University Law School, a court judgment is any court order that determines the rights and obligations of each party regarding the disputed issues. The possibility of immediate appeal to a higher court often depends on whether an order is a judgement.

    Full Answer >
    Filed Under:
  • Q:

    What is a writ of habeas corpus intended to prevent?

    A:

    A writ of habeas corpus in the United States is intended to prevent illegal arrest, imprisonment or detention. According to the Legal Information Institute of Cornell Law School, federal courts are able to use a writ of habeas corpus to decide whether or not an individual state's detention of an individual is valid.

    Full Answer >
    Filed Under:
  • Q:

    What happens when a court order is broken?

    A:

    According to the law office of Robinson and Henry PC, intentional disobedience of a court order is referred to as contempt of court and the violating party is typically faced with remedial or punitive sanctions. Remedial sanctions require the violating party to immediately cooperate with the court order. Punitive sanctions are designed to punish the violating party and can range from fines to jail time.

    Full Answer >
    Filed Under:
  • Q:

    Why did Lincoln suspend the writ of habeas corpus?

    A:

    President Lincoln suspended the writ of habeas corpus in an effort to protect public safety and reduce the potential for rebellion. There were many people in Maryland who were sympathetic to the Confederate army. Maryland was strategically important because all of the overland supply and communication lines ran through Baltimore.

    Full Answer >
    Filed Under:

Explore