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- What is habeas corpus? | 3 November 2024
What is habeas corpus? | 3 November 2024
Habeas corpus plays a vital role in protecting constitutional rights. (Slack v. McDaniel, 529 U.S. 473 (2000)) It is “a proceeding against some person who has the immediate custody of the party detained, with the power to produce the body of such party before the court or judge, that he may be liberated if no sufficient reason is shown to the contrary.” (Wales v. Whitney, 114 U.S. 564 (1885)) Habeas corpus does not compensate for past wrongful incarceration, nor does it punish the State for imposing it. Instead, it is a challenge to unlawful custody, and when the writ issues it prevents further illegal custody. (Lindh v. Murphy, 521 U.S. 320 (1997)
Habeas corpus plays a vital role in protecting constitutional rights. (Slack v. McDaniel, 529 U.S. 473 (2000)) It is “a proceeding against some person who has the immediate custody of the party detained, with the power to produce the body of such party before the court or judge, that he may be liberated if no sufficient reason is shown to the contrary.” (Wales v. Whitney, 114 U.S. 564 (1885)) Habeas corpus does not compensate for past wrongful incarceration, nor does it punish the State for imposing it. Instead, it is a challenge to unlawful custody, and when the writ issues it prevents further illegal custody. (Lindh v. Murphy, 521 U.S. 320 (1997)
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