We will be talking about the rights American have before being arrested or charged with a crime. In the writings we will discuss habeas corpus and how this law protects you against unlawful imprisonment. I will also give the back ground to habeas corpus from the American view and the English view. start this by given you the back ground to habeas corpus its English and American traditions. We also will discuss how does this right effect other civil liberties
Habeas corpus is located in the United States Constitution in article one, section nine. It says: “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in case of rebellion or invasion the public safety may require it”. The meaning of the right of habeas corpus in the U.S. Constitution and its relationship to the protection of other civil liberties means detainees can seek help from unlawful imprisonment. In todays practice men and women that are in prisoned have the right to file a petition with the federal courts for a writ of habeas corpus. This petition allows the federal government to review the prisoner charges and determine if it was lawful for the person to be detained. When they are reviewing they are looking at the facts of the case they are looking at it from strictly the law to determine if the individual rights were not obstructed. The Federal Courts hears the legal issues without giving any weight to how the lower court decided those issues.
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