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.
Writ Habeas Corpus Document Without Comments In Kings
Category:
State:
Multi-State
County:
Kings
Control #:
US-000277
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
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's been called the second Magna Carta by some, and the “great writ” by others. What we are referring to is habeas corpus, a Latin phrase meaning “you should have the body.” Put most simply, habeas corpus allows a person who has been detained the chance to challenge that detention in court.
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.
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.
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.
A writ of habeas corpus orders the custodian of an individual in custody to produce the individual before the court to make an inquiry concerning his or her detention, to appear for prosecution (ad prosequendum) or to appear to testify (ad testificandum).
The Suspension Clause protects liberty by protecting the privilege of the writ of habeas corpus. It provides that the federal government may not suspend this privilege except in extraordinary circumstances: when a rebellion or invasion occurs and the public safety requires it.
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.
The rules for filing a federal writ of habeas corpus are codified in 28 U.S.C. §§ 2241-2256. Generally, one cannot file a writ of habeas corpus unless they show the government has detained them. State prisoners cannot file a federal writ unless they exhaust all available state remedies.
For example, if an individual was convicted on the basis that their skin color matched that of the perpetrator ing to eyewitnesses, but there is no other evidence against them, then the individual can appeal for habeas corpus in order to be freed from imprisonment.