The Habeas Corpus law traces back to the 1600s in England and is still in use in the United States today.
Habeas Corpus is “a writ requiring a person to be brought before a judge or court, especially to determine whether the person has been detained or imprisoned illegally. The right to obtain such a writ as protection against illegal detention or imprisonment,” according to the California Bail Education textbook. “(It is) a writ or order issued by a court to a person having custody of another, commanding him or her to produce the detained person in order to determine the legality of the detention. The write of habeas corpus is of English origin; its original purpose was to liberate illegally detained persons, and it is still a protection against arbitrary imprisonment.”
“We use Habeas Corpus today in our court system,” said Inessa Chavez, vice president of All American Bail Bonds in Santa Clarita. “Our U.S. Constitution has part of habeas corpus embedded in it. This protect you and I against illegal imprisonment and gives us the right to a fair trial.”
Federal and state courts can issue writs of habeas corpus, according to the textbook. Federal courts can only issue writs under conditions. Their jurisdictions extend to foreign prisoners, whereas state courts do not have this.
Bail agencies, like All American Bail Bonds in Santa Clarita, use Habeas Corpus to assure their clients are able to be before a judge and have the ability to determine if the person being held is guilty.
“It may be an older law, but its use is still very important in today’s society,” Chavez said.
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