| | "Habeas corpus" is Latin for “you should have the body,” and it refers to the right of a prisoner, or someone acting on his behalf, to seek an order by a court to bring the person (the "body") from jail to the court in order to determine if he is being imprisoned properly. In other words, this right protects against unjustified imprisonment. This right enables prisoners to demand to be brought before a judge, in order for the judge to command their release from jail. It is this right that allows a prisoner to argue before an impartial tribunal for his release from jail. Without this right, government could imprison anyone they want, at any time, without any review of the imprisonment by an impartial decisionmaker. | | "Habeas corpus" is Latin for “you should have the body,” and it refers to the right of a prisoner, or someone acting on his behalf, to seek an order by a court to bring the person (the "body") from jail to the court in order to determine if he is being imprisoned properly. In other words, this right protects against unjustified imprisonment. This right enables prisoners to demand to be brought before a judge, in order for the judge to command their release from jail. It is this right that allows a prisoner to argue before an impartial tribunal for his release from jail. Without this right, government could imprison anyone they want, at any time, without any review of the imprisonment by an impartial decisionmaker. |
| − | Habeas corpus is the oldest and probably the greatest of all rights under English law, protecting against illegal imprisonment since about 1300.</ref>The Magna Carta in 1215 had a protection similar, but not identical, to habeas corpus: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land."</ref> The effect of this habeas corpus right is that government cannot imprison anyone without a valid reason. Government must either present its charges for jailing someone, or set him free. This right of habeas corpus prevents government from imprisoning someone without bringing charges against him. | + | Habeas corpus is the oldest and probably the greatest of all rights under English law, protecting against illegal imprisonment since about 1300.<ref>The Magna Carta in 1215 had a protection similar, but not identical, to habeas corpus: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land."</ref> The effect of this habeas corpus right is that government cannot imprison anyone without a valid reason. Government must either present its charges for jailing someone, or set him free. This right of habeas corpus prevents government from imprisoning someone without bringing charges against him. |
| | Opponents of the Constitution were furious that the document gives Congress any power, even during foreign invasions, to suspend the habeas corpus right (or privilege). Alexander Hamilton, a supporter of the Constitution, agreed that the writ of habeas corpus was essential to safeguard against "the favorite and most formidable instruments of tyranny" - imprisoning people without justification.<ref>''The Federalist No. 84'' (A. Hamilton).</ref> William Blackstone, the great English law scholar, described the writ of habeas corpus as "the glory of the English law." The exception provided by the Constitution for suspending the right of habeas corpus was supposed to be rarely used. | | Opponents of the Constitution were furious that the document gives Congress any power, even during foreign invasions, to suspend the habeas corpus right (or privilege). Alexander Hamilton, a supporter of the Constitution, agreed that the writ of habeas corpus was essential to safeguard against "the favorite and most formidable instruments of tyranny" - imprisoning people without justification.<ref>''The Federalist No. 84'' (A. Hamilton).</ref> William Blackstone, the great English law scholar, described the writ of habeas corpus as "the glory of the English law." The exception provided by the Constitution for suspending the right of habeas corpus was supposed to be rarely used. |