habeas corpus


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habeas corpus

[hā′bē·əs kôr′pəs]
Etymology: L, you have the body
a right retained by all psychiatric patients that provides for the release of individuals who claim they are being deprived of their liberty and detained illegally. A hearing for this determination takes place in a court of law, where the patient's sanity may be at issue.
References in periodicals archive ?
But in the 1950s and 1960s, the statutory writ of habeas corpus began evolving through several important decisions of the Supreme Court.
This part first discusses the origins of the writ of habeas corpus,(84) It then examines the writ's applicability to noncriminal cases in general and to aliens in particular.
Moreover, the American Constitution treats habeas corpus in the context of a suspension clause.
Judicial officers and others' self-interested desire to flex their own muscles in the name of liberty and the rule of law but then to turn around and deny the privilege when it undermined their own power demonstrates the dubiousness of the interpretation that habeas corpus was always about freedom as a first principle or that power-hungry politicians and judges should be commended in unqualified terms for their long battle in securing the freedom of the most vulnerable among us.
The right to habeas corpus is guaranteed in both the American Declaration and the American Convention.
In the early American colonies, New Hampshire, Georgia, and Massachusetts adopted provisions in their constitutions prohibiting suspension of the right of habeas corpus for their citizens under nearly all circumstances.
We are sympathetic to their concerns about finding a way to revive habeas corpus that won't die in committee or be subject to a presidential veto of a larger bill.
If the court favors Florida, proving that Hill is just acting to postpone or evade death, his case could be dismissed as just another habeas corpus petition.
A man the Latvian government wants to extradite from the UK has won a writ of habeas corpus freeing him from custody because of a blunder which meant he was not brought before an English judge "as soon as practicable" following his arrest.
The court noted that to the extent that the jail inmate was challenging the fact or duration of his confinement by attacking a sheriff's filing of charges against him, the claims had to be brought in a habeas corpus petition, rather than a civil rights action.
Extending the right to petition for a writ of habeas corpus to Guantanamo prisoners is a good thing, and insofar as the ruling in Rasul v.
The form this has taken has been the Habeas corpus writ, whose function is to release an individual from unlawful imprisonment