Habeas Corpus

Definitions: Habeas Corpus

Habeas Corpus

Noun

1. A writ ordering a prisoner to be brought before a judge.

2. Right to obtain a writ of habeas corpus as protection against illegal imprisonment.

Specialty Definitions: Habeas Corpus

Domain	Definitions
Finance	A writ alleging that an individual has been unlawfully detained and ordering the official having custody of the individual to bring the person before a court for the purpose of determining whether the imprisonment was legal. (references)
Law	A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted. (references)
Literature	Habeas Corpus The "Habeas Corpus Act" was passed in the reign of Charles II., and defined a provision of similar character in Magna Charta, to which also it added certain details. The Act provides (1) That any man taken to prison can insist that the person who charges him with crime shall bring him bodily before a judge, and state the why and wherefore of his detention. As soon as this is done, the judge is to decide whether or not the accused is to be admitted to bail. [No one, therefore, can be imprisoned on mere suspicion, and no one can be left in prison any indefinite time at the caprice of the powers that be. Imprisonment, in fact, must be either for punishment after conviction, or for safe custody till the time of trial.] (2) It provides that every person accused of crime shall have the question of his guilt decided by a jury of twelve men, and not by a Government agent or nominee. (3) No prisoner can be tried a second time on the same charge. (4) Every prisoner may insist on being examined within twenty days of his arrest, and tried by jury the next session. (5) No defendant is to be sent to prison beyond the seas, either within or without the British dominions. The exact meaning of the words Habeas Corpus is this: "You are to produce the body." That is, You, the accuser, are to bring before the judge the body of the accused, that he may be tried and receive the award of the court, and you (the accused) are to abide by the award of the judge. Suspension of Habeas Corpus. When the Habeas Corpus Act is suspended, the Crown can imprison persons on suspicion, without giving any reason for so doing; the person so arrested cannot insist on being brought before a judge to decide whether or not he can be admitted to bail; it is not needful to try the prisoner at the following assize; and the prisoner may be confined in any prison the Crown chooses to select for the purpose. Source: Brewer's Dictionary.
Source: compiled by the editor from various references; see credits.

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Specialty Definition: Habeas corpus

(From Wikipedia, the free Encyclopedia)

In the common law legal system habeas corpus, Latin for "you should have the body", is a prerogative writ requiring the government to produce a prisoner before a court and justify his imprisonment. Its purpose is to release someone who has been arrested unlawfully. Habeas corpus has nothing to do with whether the prisoner is guilty, only with whether due process has been observed.

The institutions of habeas corpus and the ombudsman have been incorporated in several countries, though they don't follow the common law system. It is seen as a guarantee against torture.

In some countries, habeas corpus can be suspended or delayed for suspected terrorists.

The origins of habeas corpus in England

The principles of habeas corpus were put into an Act of Parliament in the Habeas Corpus Act in 1679. [...to be expanded...]

Habeas corpus in the United States

This procedure, part of English common law, was considered important enough to be specifically mentioned in the U.S. Constitution, which says, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

The most common American use of habeas corpus today is as part of the appeals process after conviction. Decisions by the Rehnquist Supreme Court have limited its use, especially in capital cases.

Suspension of habeas corpus during the American Civil War

Habeas corpus was suspended on April 27, 1861 during the American Civil War by President Lincoln in parts of midwestern states, including southern Indiana. He did so in response to demands by generals to set up military courts to rein in "Copperheads", or those in the Union who supported the Confederate cause. His action was challenged in court and overturned by Justice Taney in Ex Parte Merriman, 17 F. Cas. 144 (C.C.D. Md. 1861). Lincoln ignored Taney's order.

In 1864, Lambdin Milligan and four others were accused of planning to steal Union weapons and invade Union prisoner-of-war camps and were sentenced to hang by a military court. However, their execution was not set until May 1865, so they were able to argue the case after the Civil War. It was decided in the Supreme Court case Ex Parte Milligan 71 US 2 1866 that the suspension was unconstitutional because civilian courts were still operating, and the Constitution (according to the Court) provided for suspension of habeas corpus only if these courts are actually forced closed.

Source: adapted by the editor from Wikipedia, the free encyclopedia under a copyleft GNU Free Documentation License (GFDL) from the article "Habeas corpus."

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Synonym: Habeas Corpus

Synonym: Writ of Habeas corpus. (additional references)

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Synonyms within Context: Habeas Corpus

Context	Synonyms within Context (source: adapted from Roget's Thesaurus).
Legality	Legal process; form, formula, formality; rite, arm of the law; habeas corpus; fieri facias.
Source: adapted from Roget's Thesaurus.

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Crosswords: Habeas Corpus

English words defined with "habeas corpus": writ of habeas corpus. (references)

Specialty definitions using "habeas corpus": Green Bag Inquiry. (references)

Non-English Usage: "Habeas Corpus" is also a word in the following languages with English translations in parentheses.

French (habeas corpus), Italian (habeas corpus), Romanian (habeas corpus).

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Modern Usage: Habeas Corpus

Domain	Usage
Screenplays	I wanted to get a writ of habeas corpus, but I should have gotten a-rid of you instead! (Duck Soup; writing credit: Bert Kalmar ; Harry Ruby)
Movie/TV Titles	Habeas Corpus (1928)
Source: compiled by the editor from various references; see credits.

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Commercial Usage: Habeas Corpus

Domain	Title
Books	Habeas corpus : a play (reference) Habeas Corpus Checklists (reference) Habeas corpus; a play in two acts (reference) Toward a more just and effective system of review in state death penalty cases : a report containing the American Bar Association's recommendations concerning death penalty Habeas Corpus and related materials from the American Bar Association Criminal Jus (reference) (more book examples)

Theater & Movies	Habeas Corpus (reference) (more DVD examples; more video examples)
Source: compiled by the editor from various references; see credits.

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Historic Usage: Habeas Corpus

Author	Date	Quotation
US Constitution	1791	Clause 2: The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. (reference)
Winston S. Churchill	1946	But we must never cease to proclaim in fearless tones the great principles of freedom and the rights of man which are the joint inheritance of the English-speaking world and which through Magna Carta, the Bill of Rights, the Habeas Corpus, trial by jury, and the English common law find their most famous expression in the American Declaration of Independence. ("Iron Curtain" Speech)
Source: compiled by the editor from various references.

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Non-Fiction Usage: Habeas Corpus

Subject	Topic	Quote
Civil Liberties	Nepal	On March 7, the Supreme Court issued a writ of habeas corpus releasing Krishna Sen, the editor of Janadesh, from jail. (references)
	Gambia	After 4 days of incommunicado detention, he was released with charge on bail of $18,000 (300,000 dalasi) after his case was brought to the High Court for a habeas corpus hearing. (references)
Economic History	Finland	Although there is no writ of habeas corpus or bail, the maximum period of pre-trial detention has been reduced to four days. (references)
Human Rights	Morocco	The law does not provide for habeas corpus or its equivalent. (references)
	Namibia	The LAC filed a habeas corpus case; in December a court ruled against LAC in the case. (references)
	Liberia	The activist was released without charge after his lawyer filed a writ of habeas corpus. (references)
Political Economy	Ethiopia	The judiciary continued to show some signs of growing independence; however, the Judicial Administration Council took disciplinary action against a judge after he released suspects on bail on habeas corpus grounds. (references)
Political Rights	Nepal	However, he may not suspend habeas corpus or the right to form associations. (references)
Source: compiled by the editor from ICON Group International, Inc.; see credits.

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Expressions: Habeas Corpus

Expressions using "habeas corpus": habeas corpus act ♦ writ of habeas corpus. Additional references.
Source: compiled by the editor from various references; see credits.

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Frequency of Internet Keywords: Habeas Corpus

The following statistics estimate the number of searches per day across the major English-language search engines as identified by various trade publications. Hyperlinks lead to commercial use of the expression at Amazon.com.

Expression	Frequency per Day
habeas corpus	231
writ of habeas corpus	51
habeas corpus petition	2
Source: compiled by the editor from various references; see credits.

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Modern Translations: Habeas Corpus

Language		Translations for "habeas corpus"; alternative meanings/domain in parentheses.
Albanian		ligji i quajtur habeas korpus akt (habeas corpus act). (various references)

Arabic		‏ألأمر بالمثول أمام المحكمة. (various references)

Danish		personlig frihed (right to habeas corpus). (various references)

Dutch		persoonlijke vrijheid (right to habeas corpus). (various references)

Finnish		yksilönvapaus (right to habeas corpus). (various references)

French		habeas corpus. (various references)

German		habeaskorpusakte. (various references)

Greek		διαταγή κρατούμενου (habeas corpus act). (various references)

Hebrew		צו שחרור ממעצר בלתי חוקי, צו �"בא�". (various references)

Hungarian		elõvezetést elrendelõ végzés. (various references)

Italian		habeas corpus. (various references)

Japanese Kanji		人身保護 . (various references)

Japanese Katakana		じ�"し�"ほ�". (various references)

Manx		screeuyn leigh y chorp, cur yn corp. (various references)

Pig Latin		abeashay orpuscay.(various references)

Portuguese		medo súbito (fright). (various references)

Romanian		habeas corpus, act justificativ al unei arestãri. (various references)

Russian		хабеас корпус (habeas corpus act). (various references)

Serbo-Croatian		korpus povelja iz 1679 godine (habeas corpus act). (various references)

Spanish		hábeas corpus. (various references)

Swedish		habeas corpus-akt (habeas corpus act), skydd mot frihetsberövande (right to habeas corpus), personlig frihet (right to habeas corpus). (various references)

Thai		หมายศาลที่เรียกตัวบุคคลให้มาปรากฏต่อหน้าผู้พิพากษาหรือศาล. (various references)

Turkish		haksız tutuklamayı yasaklayan kanun (habeas corpus act), uyarı beyanı (writ of habeas corpus), tutuklama beyanı (writ of habeas corpus). (various references)
Source: compiled by the editor from various translation references.

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Misspellings: Habeas Corpus

Misspellings
	"Habeas Corpus" is suggested in spellcheckers for the following: habeas corpuz, habeas corups, habeaus corpus, habes corpus, habeus corpos, habeus corpus, habias corpus, habius corpus. (additional references)
Source: compiled by the editor, based on several corpora (additional references).

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Anagrams: Habeas Corpus

Scrabble® Enable2K-Verified Anagrams
	Words within the letters "a-a-b-c-e-h-o-p-r-s-s-u"
	-3 letters: aurochses, barouches, purchases, subchaser, subepochs.
	-4 letters: abacuses, acarpous, araceous, barouche, bescours, borsches, broaches, caesuras, carouses, chapeaus, charases, chasseur, choruses, chousers, corpuses, obscures, pharoses, poachers, purchase, rosebush, sahuaros, saprobes, scabrous, scaupers, shoepacs, subareas, subepoch, subphase, subraces, subspace.
	-5 letters: abasers, abashes, abroach, abusers, acerous, apaches, apercus, arcuses, arouses, aurochs, barhops, bashers, bescour, boraces, bourses, braches, brashes, brushes, bushers, caesars, caesura, carhops, carouse, casbahs, caseous, causers, cesuras, chaoses, chapeau, chasers, cheapos, cherubs, choreas, chouser, chouses, coprahs, corpses, coshers, courses, crashes, croupes, crushes, eparchs, escarps, eschars, hocuses, housers, hubcaps, obscure, oraches, parches, parsecs, pausers, percuss, phoebus, phrases, poacher, poaches, porches, poseurs, pouches, process, pushers, recoups, roaches, rouches, rubaces, rubasse, sahuaro, sapours, saprobe, sarapes, sarcous, saucers, scapose, scarabs, scarphs, scauper, scrapes, secpars, seraphs, shapers, sherpas, shoepac, soapers, soucars, sources, spacers, spruces, subarea, subecho, subrace, sucrase, sucrose, surbase, upbears, uphroes, upreach, upsoars.
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