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Encyclopedia entry: habeas corpus, writ of
- Article from:
- The Oxford Guide to the United States Government
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Copyright© The Oxford Guide to the United States Government 2001, originally published by Oxford University Press 2001. (Hide copyright information)
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habeas corpus, writ of
Article 1, Section 9, of the U.S. Constitution states: “The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” The Latin term habeas corpus means “You shall have the body.” A writ is a written order from a court of law that requires the performance of a specific act. A writ of habeas corpus requires officials to bring a person whom they have arrested and held in custody before a judge in a court of law, where they must convince the judge that there are lawful reasons for holding the prisoner. If the judge finds their reasons unlawful, then the ...