Bill of Rights - Section 15 - Section 15 The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when

Bill of Rights - Section 15 - Section 15 The privilege of...

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Section 15. The privilege of the writ of habeascorpus shall not be suspended except in cases ofinvasion or rebellion when the public safety requiresit. 1.What is a writ of habeas corpus?It is defined as a writ directed to the persondetaining another, commanding him toproduce the body of the prisoner at adesignated time and place, with the day andcause of his caption and detention, to do,submit to, and receive whatever the court orjudge awarding the writ shall consider in thatbehalf. Note: an essential requisite for theavailability of the writ is actualdeprivation of personal liberty.2.What is the privilege of writ of habeas corpus?It is the right to have an immediatedetermination of the legality of thedeprivation of physical liberty. Note: the writis never suspended. It always issues as amatter of course. What is suspended isthe privilege of the writ, i.e., once theofficer making the return shows to thecourt that the person detained is beingdetained for an offense covered by thesuspension, the court may not enquireany further.
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  • Fall '16
  • Supreme Court of the United States, President of the United States, Habeas corpus, writ

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