Habeas corpus
(Latin: [We command] that you have the body) is the name of a legal action, or writ, through which a person can seek relief from unlawful detention of himself or another person. The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action.
Also known as "The Great Writ," a writ of habeas corpus ad subjiciendum is a summons with the force of a court order addressed to the custodian (such as a prison official) demanding that a prisoner be brought before the court, together with proof of authority, allowing the court to determine whether that custodian has lawful authority to hold that person, or, if not, the person should be released from custody. The prisoner, or another person on their behalf (for example, where the prisoner is being held incommunicado), may petition the court or an individual judge for a writ of habeas corpus.
The right to petition for a writ of habeas corpus has long been celebrated as the most efficient safeguard of the liberty of the subject. Albert Venn Dicey wrote that the Habeas Corpus Acts "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty." In most countries, however, the procedure of habeas corpus can be suspended in time of national emergency. In most civil law jurisdictions, comparable provisions exist, but they may not be called "habeas corpus." The reach of habeas corpus is currently being tested in the United States. Oral arguments on a consolidated Guantanamo Bay detention camp detainee habeas corpus petition, Al Odah v. United States were heard by the Supreme Court of the United States on December 5, 2007, and recently by HR 1955 The Violent Radicalization and Homegrown Terrorism Prevention Act of 2006. On June 12, 2008, the Supreme Court ruling in Boumediene v. Bush recognized habeas corpus rights for the Guantanamo prisoners. However, the following month the 4th Circuit Court gave the President the power to arrest and detain U.S. citizens on native soil indefinitely.
The writ of habeas corpus is one of what are called the "extraordinary," "common law," or "prerogative writs," which were historically issued by the courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The most common of the other such prerogative writs are quo warranto, prohibito, mandamus, procedendo, and certiorari. When the original 13 American Colonies declared independence and became a constitutional republic in which the people are the sovereign, any person, in the name of the people, acquired authority to initiate such writs.
The due process for such petitions is not simply civil or criminal, because they incorporate the presumption of nonauthority. The official who is the respondent has the burden to prove his authority to do or not do something. Failing this, the court must decide for the petitioner, who may be any person, not just an interested party. This differs from a motion in a civil process in which the movant must have standing, and bears the burden of proof.
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9:36
Graber Press Conference - Part 1by trustywteq1,631 views
They only need to say "You look sick, probably this pandemic thing.... and since you refuse to be vaccinated or treated and blabla we send you to some camp and all your base are belong to us. Got any nice stuff in the fridge?"
And voilá; number 3 is also rendered useless...
Kenzofeis 1 year ago
you have to be careful when someone claims to be protecting you.
WolYou 2 years ago 2
Yes - the information the Terrorists are getting is : The current and previous US Presidents are Traitors and have gone against the only oath they make - to protect the constitution.
PeterSodhi 2 years ago
Do pardon. I was thinking of Posse Comitatus. Sorry. It's early. :)
chop98 2 years ago
HC has been suspended now, hasn't it?
chop98 2 years ago
did he say the terrorists were getting information that could save american lives?
thiswebsiteesux 3 years ago
That was supposed to be Boing!! Not Boing1.
Olbermann, Stewart and Colbert seem to be my current news sources!!
linniekole 3 years ago
Boing1
linniekole 3 years ago
I love it!
Thanks!
950horsepower 3 years ago