Example of habeas corpus

Answer 1

Habeas Corpus is a writ requiring a person to be brought before a judge or court, especially for investigation of a restraint of the person's liberty, used as a protection against illegal imprisonment.

Answer 2

Habeus Corpus stands on its own - there is no such thing as a "non-example."

DEFINITION: "Habeas corpus is a Latin term meaning "you have the body". It is a writ (court order) which directs the law enforcement officials who have custody of a prisoner to appear in court with the prisoner in order to determine the legality of the prisoner's confinement. Habeas corpus petitions are commonly used when a prisoner claims illegal confinement, such as holding a person without charges, when due process obviously has been denied, bail is excessive, parole has been granted, an accused has been improperly surrendered by the bail bondsman or probation has been unjustly denied. A petition for habeus corpus may be based on an error of fact or error of law. However, the determination made is whether due process rights were violated, not whether the prisoner is guilty."

See related link below:

Answer 3

Habeas Corpus is intrinsic to the US Constitution rather than the Bill of Rights.

Article One, Section 9, clause 2 of the US Constitution states:

"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 4th Amendment covers some similar ground:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Habeas Corpus requires a jurisdiction to show they have authority to jail a person; the 4th Amendment requires a jurisdiction to show that they have authority to conduct a search and seize evidence.

The 8th Amendment is related to Habeas Corpus in that it also protects the rights of an accused person - in this case such that, after a Writ of Habeas Corpus has been granted and detention is found to be authorized, the accused still is protected from excessive bail that would unfairly keep them confined awaiting trial.

"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."

It does not mean that that the accused always has to be granted bail or have it set at a level they can easily afford to pay - rather that the bail cannot be "a figure higher than is reasonably calculated" to ensure the defendant's appearance at trial. Some offenses are not bailable and in some cases bail may be denied if a judge concludes that the accused is such a significant flight risk that no amount of bail would be high enough to ensure they would appear at trial. Some people find that bail is set at a level that they cannot scrape together the resources to post the bail without suffering financial ruin or at a level so high they can't meet it but they lack the financial resources to contest the level of bail.

The Constitution protects an accused person from being locked up without cause; the 8th Amendment protects an accused person who is locked up WITH cause from unfairly having to stay locked up until trial when they should be granted bail; the authorities have to convince they court that there is a valid reason that bail should not be granted and the bail must be set at a "reasonable" level for the circumstances.

Answer 4

Prisoners often seek release by filing a petition for a writ of habeas corpus.