2022-08-07
(151217-1) ศัพท์ น่าสับสน ชุด H - Habeas corpus
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Dictionary.com
ออกเสียง Habeas corpus = HEY-bee-uhs-KAWR-puhs
Dictionary of Problem Words and Expression
habeas corpus
Translated literally from Latin,
this phrase means “You have the body”
In English usage,
habeas corpus is a writ (written order)
designed to secure the release of someone from unlawful restraint.
In his first inaugural address,
Jefferson referred to
“freedom of person under the protection of the habeas corpus.”
Dictionary.com
HOMEWORK HELP
What is habeas corpus?
The writ of habeas corpus,
often shortened to habeas corpus,
is the requirement that
an arrested person be brought
before a judge or court before being detained or imprisoned.
Where did the term habeas corpus come from?
Recorded as a legal borrowed word
by the 1460s in English,
habeas corpus literally means in Latin
“you shall have the body,”
or person, in court, and
a writ is a formal order under seal,
issued in the name of a sovereign, government, court,
or other competent authority.
So, a writ of habeas corpus is a court order
to bring a person who’s been detained
to court to determine whether or not their detention is valid.
It’s a fail-safe to prevent the government
from imprisoning people without cause.
Habeas corpus originated in Medieval English common law.
It’s difficult to say exactly where it first appeared in writing,
but it was most famously codified
in the 1215 Magna Carta,
which granted all free men protection
against illegal imprisonment.
This English law was brought over
to the North American British colonies.
In turn, the U.S. Constitution,
which was influenced by the Magna Carta, explicitly charges:
“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.”
Many other modern countries
include writs of habeas corpus in their constitutions.
In 1863, President Abraham Lincoln famously used
an executive order during the Civil War
to suspend the writ of habeas corpus to keep Maryland,
and important train routes between Washington, DC
and the North, from falling to Confederate sympathizers.
Because the Constitution allows for suspension
in the event of rebellion,
Lincoln was within his rights to do this
(England had also suspended the writ during past emergencies).
Still, the decision was controversial,
as it meant those suspected of being associated
with the Confederacy could be imprisoned without trial.
Habeas corpus was also suspended
in some instances in World War II,
notably by the governor of Hawaii after the attack on Pearl Harbor.
In the 2010s, the writ has been
the subject of much legal dispute over
the detention of suspected terrorists,
especially concerning the detainees
held in Guantánamo Bay without charge.
In 2008, the Supreme Court found
the Military Commissions Act of 2006 unconstitutional,
which President Bush signed into allowing for
the detention of “unlawful enemy combatants” against the U.S.
In common legal practice,
the habeas corpus is invoked in cases
where someone believes they’ve been wrongly detained.
This applies to both people in prisons
and people who are in mental institutions.
Essentially, one could petition the court
for a writ of habeas corpus, which, if granted,
would give them a court date to determine
the legality of their imprisonment.
Such a trial could result, and has,
in release from custody or reduction in sentence.
THE NEW DICTIONARY OF CULTURAL LITERACY, THIRD EDITION
Habeas corpus
A legal term meaning that
an accused person must be presented physically
before the court with a statement demonstrating
sufficient cause for arrest.
Thus, no accuser may imprison someone indefinitely
without bringing that person and the charges
against him or her into a courtroom.
In Latin, habeas corpus literally means “you shall have the body.”
Merriam-Webster Dictionary
Did you know?
The literal meaning of habeas corpus is
"you should have the body"
—that is, the judge or court should (and must)
have any person who is being detained brought forward
so that the legality of that person's detention can be assessed.
In United States law,
(the full name of what habeas corpus typically refers to)
is also called "the Great Writ,"
and it is not about a person's guilt or innocence,
but about whether custody of that person is lawful
under the U.S. Constitution.
Common grounds for relief under habeas corpus
—"relief" in this case being a release from custody
—include a conviction based on illegally obtained evidence;
a denial of effective assistance of counsel;
or a conviction by a jury that was improperly selected and impaneled.
Did You Know?
The literal meaning of habeas corpus is
"You shall have the body"
—that is, the judge must have the person
charged with a crime brought into the courtroom
to hear what he's been charged with.
Through much of human history,
and in many countries still today,
a person may be imprisoned on the orders of someone
in the government and kept behind bars for years
without ever getting a chance to defend himself,
or even knowing what he's done wrong.
In England,
the right to be brought before a judge
to hear the charges and answer them
was written into law over 300 years ago,
and the U.S. adopted the British practice in its Constitution.
Dictionary of Unfamiliar Words by Diagram Group
habeas corpus
A writ requiring a person to be brought before a court
so that it can be decided whether or not
the person’s detention is lawful.
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