Habeas corpus facts for kids
A writ of habeas corpus (which means "may you have the body" in Latin) is a very important legal order. It makes sure that if someone is arrested or put in jail, they must be brought before a judge or a court. The judge will then check if the person is being held legally. If the detention is not legal, the person must be set free.
This special order is one of the oldest and most powerful legal tools. It started in English courts a long time ago. It was used to make sure that lower courts and public officials followed the law correctly.
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What Does Habeas Corpus Mean?
The words habeas corpus come from Latin. Habeas means "to have" or "to hold." Corpus means "body." So, together, it means "you should have the body."
This phrase means that the person who is being held must be brought to court in person. The full Latin phrase, habeas corpus [coram nobis] ad subjiciendum, means "that you have the person [before us] for the purpose of examining the case." This order ensures that a judge can decide if someone is being held fairly and legally.
How Habeas Corpus Started
Early Beginnings in England
Historians say that the first time habeas corpus was officially used was in 1305. This was during the time of King Edward I in England. However, similar orders were used even earlier, back in the 12th century, during the rule of King Henry II.
Important Law in 1679
A very important law about habeas corpus was made in 1679. This happened during a big disagreement between King Charles II and the Parliament. Parliament is like the government's law-making body. Many members of Parliament were worried the king might unfairly arrest them.
They saw habeas corpus as a way to protect themselves and others. The Parliament that passed this important law was even called the Habeas Corpus Parliament. The king closed this Parliament right after they passed the law.
How it Works and Its Use
Back then, and even today, a higher court issues the habeas corpus order. It tells a lower court, a sheriff, or even a private person to bring the prisoner to the royal courts.
A person who is jailed, or someone else on their behalf, can ask for a habeas corpus order. Thanks to the laws passed, this request could be made at any time, even when the court was not officially meeting.
Over time, habeas corpus was also used when private people held someone unlawfully. For example, during wars, it was used to help soldiers and sailors who were forced into military service.
When Habeas Corpus Was Stopped
The right to habeas corpus has been stopped or limited a few times in English history. This happened most recently in the 18th and 19th centuries.
Even when people were jailed without a trial during big events like the two World Wars, the habeas corpus process was still technically available. However, if a law passed by Parliament allowed the detention, then the habeas corpus request might not succeed.
Today, courts can say if a law goes against human rights. But this doesn't change the law unless the government acts on it.
Modern Use of Habeas Corpus
In modern times, when someone asks for habeas corpus, the court usually holds a hearing. Both sides, the person asking for release and the person holding them, are present. The court decides if the detention is legal. If it's not, the person can be released without having to be brought to court physically.
While other legal actions are now common, habeas corpus is still very strong. In 2012, the UK Supreme Court confirmed that it could be used for a prisoner captured by British forces in Afghanistan.
Images for kids
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A writ of habeas corpus
See also
In Spanish: Habeas corpus para niños
