writ of habeas corpus



Writ used by the attorney of a detained person (detainee) to force the police to bring the detainee before a court so that the legality of his or her detention can be challenged. If the attorney can establish that the detention is prima facie illegal, the court may order the police to justify the detention. The detainee may be released on bail if the police fails to convince the court of the need for the continuation for his or her detention. The objective of this writ is to safeguard citizens against unjustified imprisonment. 'habeas corpus' is Latin for, you (should) have the body (person).

Use this term in a sentence

  • I enforced the writ of habeas corpus in the legal battle that ensued between my client and the state today

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  • If you ever find yourself in jail and it is taking to long you can try using the writ of habeas corpus to get brought before the judge.

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  • The man was devastated because we was given a writ of habeas corpus and would be brought directly to prison.

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