By KHTS Newsroom
Many people may be unfamiliar with the term habeas corpus, but it plays an important role in the protection of defendants in today’s criminal justice system.
The Bail Resource Center & Career Academy defines habeas corpus as a writ requiring a person to be brought before a judge or court, especially to determine whether the person has been detained or imprisoned legally; or the right to obtain such a writ as protection against illegal detention or imprisonment.
“Habeas corpus dates all the way back to the 16th century in England,” said Inessa Chavez, vice president of All American Bail Bonds in Santa Clarita. “Learning its history is important for today’s bail agents to have a full understanding of the term.”
The writ of habeas corpus was first used toward the end of the 16th century as a constitutional remedy against the tyranny of the Crown, and was designed to protect individuals who were arrested or detained by the Privy Council.
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Yet, a variety of methods used to avoid it greatly reduced its effectiveness, including a decision made in 1627 that a warrant by the Privy Council was satisfactory under the conditions of habeas corpus.
To increase its effectiveness, Parliament passed a new law in 1641 that required arrestees be granted the writ “without delay,” and gave the court three days to determine the legality of the person’s imprisonment thereafter.
However, many judges still refused to grant habeas corpus during vacation periods, resulting in the need for Parliament to pass the Habeas Corpus Act of 1679.
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Through the act, any judge who refused to issue the writ without good cause, or any officer or other person who failed to comply, would face severe penalties.
“The Habeas Corpus Act of 1679 meant that the authority of the court overruled the authority of the Crown,” Chavez said, citing the Bail Resource Center & Career Academy, “making the writ a ‘powerful weapon’ to protect those arrested for criminal offenses.”
Article Source: “California 20-Hour Bail/Recovery Pre-Licensing Education, Volume 1” by the Bail Resource Center & Career Academy
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