What does the writ ofhabeas corpus seek to prevent?

Answer 1

Habeas corpus protects persons against unlawful detention.

Suppose you were arrested, convicted and imprisoned. The imprisonment would almost certainly be a member of the Executive Branch (e.g., a state trooper, a city police officer, a federal agent, etc.).

But what if you were convicted by an unfair trial process, or if your lawyer performed incompetently and caused you to be imprisoned? In such cases, your imprisonment might be unlawful.

Habeas corpus is the procedure by which the Judicial Branch can command the Executive Branch to explain why your imprisonment is valid and lawful. If the Executive Branch cannot justify your imprisonment, it must set you free.

D. Huang

Answer 2

The writ of habeas corpus is intended to prevent the government from hold a prisoner without the prisoner being told the charges. The writ of habeas corpus allows the prisoner to stand before a judge and be told the charges and the basis for being held.

Answer 3

1) a person from being held in jail without reason or search warrant

2) an illegal search or seizure

3) a conviction by secret trial

or

4) the use of force by the police

Answer 4

the right to seek a writ of Haber's corpus is protected against the national government in article i, section 9 of the constitution.

Answer 5

Against being kept under arrest beyond a certain period, without being charged and tried.

Answer 6

the writ of habeus corpus seeks to prevent unjust arrests and imprisonments.

Answer 7

A person from being held in jail without just cause