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.Continue Reading
The Legal Information Institute explains that a habeas petition works as a civil action to examine the extradition processes employed by the detaining agency, the amount of bail ordered and whether the jurisdiction of the court is valid. It also points out that habeas corpus in modern society is most commonly used as a post-conviction remedy for potentially illegal applications of federal laws used to detain state or federal prisoners. It is also often employed in cases of immigration and deportation proceedings as well as military detentions and convictions. In criminal cases, the Legal Information Institute indicates that habeas corpus helps justify or cast doubt on preliminary matters, such as claims of double jeopardy, rights to a speedy trial, denial of bail, removal to other facilities and adequate basis for detentions.
Encyclopaedia Britannica identifies habeas corpus as an ancient common-law writ used most importantly "to correct violations of personal liberty by directing judicial inquiry into the legality of a detention."Learn more about Law
The writ of habeas corpus is an important judicial right affecting court proceedings in that it empowers a detainee to petition the court and have the State justify its decision for detention, according to Cornell University Law School. The right has been expanded to allow state prisoners to petition federal judges.Full Answer >
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 >
President Lincoln suspended the writ of habeas corpus to maintain public order in restive areas. Restive areas are areas in which people are restless, unruly and often disobedient. Habeas corpus refers to a person's right to appear before a judge before imprisonment.Full Answer >
The United States Congress cannot pass bills of attainder, suspend the writ of habeas corpus unless it is a time of national emergency or pass ex post facto laws. Even though Congress lacks these three powers, it can still accomplish a lot for the good of the country.Full Answer >