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Showing posts with the label habeas corpus

Constitutional Law: Article III, Section 15 Summary (De Leon)

Section 15.  The privilege of the writ of  habeas corpus   shall not be suspended except in cases on invasion or rebellion  when the public safety requires it.   Meaning of  writ of habeas corpus. An order issued by  a court of competent jurisdiction, directed to the person detaining  another,  commanding him to produce the body of the prisoner  at a  designated time and place,  and to show sufficient cause for holding  in custody the individual so detained. Writ is a  court order ;  Habeas corpus  means " (that) you  have the body. " Purpose and importance of the writ. (1) Habeas corpus is a highly prerogative writ .  It has for its purpose to inquire into all manners of involuntary restraint , as distinguished from voluntary and to relieve a person therefrom if  such restraint is found illegal or when the accused's constitutional  rights are disregarded. Its principal purpose then...