Question: What is a writ of Habeas corpus?


Question: What is a writ of Habeas corpus?

This writ is a judicial order “to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody

Habeas corpus:

This writ is a judicial order “to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody.”[1]

Thus, one obtains such a writ so that a local judge can rule on whether or not an arrest warrant is legal or appropriate. The purpose of habeas corpus is to prevent prisoners from being transported long distances on insufficient charges, or held for long periods without trial.


Notes

  1. "Habeas corpus," wikipedia.org (accessed 29 July 2005).