“Habeas Corpus” 是拉丁语,字面意思是“你有此人”,但在法律术语中,它远不止于此。它是一种令状(或法庭命令),要求执法机构将被拘留的人带到法庭,解释他们为何被拘押。简单来说,它防止非法拘禁,并确保在某人权利受到威胁时,法院能够介入。Why is Habeas Corpus important?It’s a safeguard for personal ...
“Habeas Corpus” 是拉丁语,字面意思是“你有此人”,但在法律术语中,它远不止于此。它是一种令状(或法庭命令),要求执法机构将被拘留的人带到法庭,解释他们为何被拘押。简单来说,它防止非法拘禁,并确保在某人权利受到威胁时,法院能够介入。Why is Habeas Corpus important?It’s a safeguard for personal ...
extraterritorialityprotectionInsular CasesBoumedieneThis short essay is an exchange with Professor Steve Vladeck's about my Article entitled: Boumediene, Munaf, and the Supreme Court's Misreading of the Insular CAndrew KentSocial Science Electronic Publishing...
ha·be·as corpus (hā′bē-əs) n. 1.A writ that a person may seek from a court to obtain immediate release from an unlawful confinement, as when the confinement has occurred through a means that violated the person's constitutional rights. ...
A witness who was imprisoned for refusing to testify before a grand jury filed a writ of habeas corpus, challenging his confinement as a violation of his constitutional rights. Legal Terms Similar to Habeas Corpus Due process: The principle that ensures fair treatment through the judicial system,...
MeltzerRalph S. Tyler Professor of Constitutional LawDaniel J.Ralph S. Tyler Professor of Constitutional LawHarvard Law ReviewFallon, R.H., and Melzer, D.J., `Habeas Corpus Jurisdiction, Substantive Rights, and the War on Terror' (2006-2007) 120 Harv LR 2029-2112...
“The granddaddy of all American constitutional crises was precipitated by Southern secession in 1861. In one particularly striking sub-crisis, President Abraham Lincoln suspended the writ of habeas corpus, citing Article I, Section 9 of the Constitution, which says that ‘The Privilege of the Writ...
Habeas corpus is a funny name, but the idea is important. Learn what habeas corpus means, what a writ of habeas corpus is, and why this...
Define the writ of habeas corpus and its literal translation. Explore case examples, the writ's history, and how it is used within the United...
A habeas corpus petition in California allows you to challenge your conviction or sentencing. You can file it only after exhausting all criminal appeals, and the petition must show your detention violates the law or your constitutional rights as per Pena