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Habeas Corpus


Not everybody detained in custody is a criminal or has committed an offense which demands him or her to be put in custody. However, some of the prisoners are detained in custody unlawful and therefore, they should be give opportunity to claim their jurisdiction. Therefore, habeas corpus is a legal process that provides prisoner with a chance to claim jurisdiction before the court of law.

Habeas Corpus Process

The habeas corpus writ is among what are referred to as common law or prerogative court orders that were issued by ancient English courts which were commonly known as monarchy to public authorities and inferior courts with the kingdom. The petitions of the habeas corpus is not simple criminal or civil since it involves presumption of non-authority.

Habeas corpus is a legal recourse whereby an individual can report unlawful imprisonment or detention before the law court, typically the officers in charge of the prison. A habeas corpus court order is used to address the prison officer and the demands of the plaintive (prisoner) to be taken to court. The prison officer is required to present a proof of authority which allows the court to decide whether the prison officer has a legal right to keep the plaintive in the custody.

If the court finds that that prison officers has no legal right to detain the plaintive, then the court orders the prisoner to be set free. Sometimes, the prisoner might be detained in solitary confinement and therefore, any other person, especially a lawyer can petition the court on behalf of the prisoner for a habeas corpus court order to be issued. In most case, jurisdiction for civil laws offer a similar remedy for those detained unlawful, although this is not necessarily referred to as habeas corpus.

Limitations of Habeas Corpus

However, habeas corpus has got several limitations. Although habeas corpus is guarantee to any unlawful detention, it does not really protect other rights of the plaintive, such as the right to fair trial. Therefore, if court ruling is made without the plaintive been given fair trials, then habeas corpus might not necessarily a used remedy. Nevertheless, in some nations, the habeas corpus process has been suspended either temporarily or permanently.

The petitioning right for habeas court order has no longer been a reason to be celebrated by the unlawful detainees. Since the detainees are not given right to claim their innocence, only a few who receive their jurisdiction through the habeas corpus process. Therefore, the habeas corpus process does not guarantee jurisdiction to the detainee and thus it is not a useful remedy for unlawful detainees.

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