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To: ConservativeDude
someone should put habeas corpus into the constitution

What makes you think they're being denied their habeas corpus protections?

20 posted on 07/29/2021 10:16:43 AM PDT by DoodleDawg
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To: DoodleDawg

It’s pretty clear.

Habeas corpus (/ˈheɪbiəs ˈkɔːrpəs/ (About this soundlisten); Medieval Latin, literally means “you shall have the body”, and in context it means “[we, a Court, command] that you have the body [of the detainee brought before us].”)[1] is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.[2]

The writ of habeas corpus is known as the “great and efficacious writ in all manner of illegal confinement”.[3] It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado.


95 posted on 07/29/2021 8:23:49 PM PDT by Blood of Tyrants (“Unlimited power in the hands of limited people always leads to cruelty.” ― Aleksandr Solzhenitsyn)
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