This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Habeas Corpus Definition For Dummies In King
Category:
State:
Multi-State
County:
King
Control #:
US-000277
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
Habeas corpus, an ancient common-law writ, issued by a court or judge directing one who holds another in custody to produce the person before the court for some specified purpose.
Habeas corpus is a Latin phrase meaning “produce the body.” By means of the writ of habeas corpus a court may order the state to “produce the body,” or hand over a prisoner so that it might review the legality of the prisoner's detention.
Final answer: The Habeas Corpus Act of 1679 significantly contributed to the limitation of monarchical power in England by protecting individuals against unlawful detention. This act arose during a time of increased fear of absolutism under monarchs like James II, culminating in the Glorious Revolution.
Habeas Corpus Act of 1679 Parliament passed the law during the reign of King Charles II (reigned 1660–1685) fearing that the king's Catholic brother James (reigned as James II, 1685–1688) might succeed him and disregard English liberties.
It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment.
In its simplest form a writ of habeas corpus requires that a person who is in custody be brought before a judge or court and that they be able to challenge that custody. The writ of habeas corpus is used to attack an unlawful detention or illegal imprisonment.
The literal meaning of habeas corpus is "You shall have the body"—that is, the judge must have the person charged with a crime brought into the courtroom to hear what he's been charged with.
The "Great Writ" of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Translated from Latin it means "show me the body." Habeas corpus has historically been an important instrument to safeguard individual freedom against arbitrary executive power.
Any federal court may grant a writ of habeas corpus to a petitioner who is within its jurisdiction. The habeas petition must be in writing and signed and verified either by the petitioner seeking relief or by someone acting on his or her behalf.
The court must rule on a petition for writ of habeas corpus within 60 days after the petition is filed. (B) If the court fails to rule on the petition within 60 days of its filing, the petitioner may file a notice and request for ruling.