Changes

Jump to navigation Jump to search
112 bytes removed ,  16:34, May 21, 2007
Gonzales statement is not controversial - no one says that it is false
Line 9: Line 9:  
== United States ==
 
== United States ==
 
In the United States, a detainee may request a writ of Habeas Corpus review with any court that has jurisdication.  If accepted by the court, the judge issues a writ of Habeas Corpus ordering the individual with custody of the detainee to produce the detainee for a hearing.  During the hearing, the judge reviews the lawfulness of the detention, and if found unlawful, orders the detainee released.  If, before the hearing, the custodian refuses to produce the body, it is at risk of being found in contempt of court, with potential consequences leading up to and including detention for the custodian until the body is produced.
 
In the United States, a detainee may request a writ of Habeas Corpus review with any court that has jurisdication.  If accepted by the court, the judge issues a writ of Habeas Corpus ordering the individual with custody of the detainee to produce the detainee for a hearing.  During the hearing, the judge reviews the lawfulness of the detention, and if found unlawful, orders the detainee released.  If, before the hearing, the custodian refuses to produce the body, it is at risk of being found in contempt of court, with potential consequences leading up to and including detention for the custodian until the body is produced.
=== Controversial Interpretation ===
+
 
[[United States]] [[Attorney General]] [[Alberto Gonzales]] has pointed out that there is no expressed grant of ''habeas corpus'' in the [[Constitution]].<ref>http://baltimorechronicle.com/2007/011907Parry.shtml</ref> However, Gonzales's interpretation has no binding authority on the courts.
+
[[United States]] [[Attorney General]] [[Alberto Gonzales]] has pointed out that there is no expressed grant of ''habeas corpus'' in the [[Constitution]].<ref>http://baltimorechronicle.com/2007/011907Parry.shtml</ref>
    
== References ==
 
== References ==
 
<references/>
 
<references/>
 
[[Category:Latin Legal Terms]][[Category:Law]]
 
[[Category:Latin Legal Terms]][[Category:Law]]

Navigation menu