
What is the meaning of the writ of habeas corpus?
1] The arrested person must be brought before the court, which holds the right to set the person free if the grounds of the arrest is found to be faulty
2] It is issued when an officeholder is found to misuse his duties
3] It is issued by higher courts when they find that lower courts have made judgments beyond their powers of jurisdiction
4] It is issued when the court finds that the officeholder is illegally holding that position
Answer
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Hint: One of the examples of the writ of habeas corpus is if you register a petition with the court because you require to be taken before a judge where the reasons for your arrest and restraint must be shown—the right of people to obtain such a writ.
Complete step by step answer:
A writ of habeas corpus is a court order directing that a public official presents an imprisoned person to the court and gives a valid reason for that person's arrest. The system provides a means for prisoners, or anyone acting on their behalf, to discuss the legal basis for detention. Habeas corpus has extensive roots in English common law.
Usually, the court holds a hearing on the subject, during which both the inmate and the government can bestow evidence about the lawful basis for detaining the person. The court can even issue and reinforce subpoenas to obtain further evidence.
Depending on what the evidence exposes, the judge will be able to grant the inmate relief.
People tend to confuse habeas corpus with the right of direct appeal. Criminal defenses are always authorized to request a conviction or judgment to a higher court, which reviews the trial judge's decisions. Habeas corpus gives a separate avenue for questioning imprisonment and is commonly used after a direct appeal has declined. It often acts as a final resort for prisoners who contend that a miscarriage of justice has occurred.
A writ of habeas corpus is not possible in every situation. Because judges get a wave of habeas corpus petitions every year, some prisoners prepare without the support of a lawyer; rigorous methods govern which ones are permitted to proceed. Inmates are usually banned from repetitively registering petitions about the same subject.
So the Correct option is the arrested person must be brought before the court, which holds the right to set the person free if the grounds of the arrest is found to be faulty
So, the correct answer is Option A.
Note: When an inmate is not confronting the fact of being in jail but rather the circumstances of confinement, it is usually important to register a civil rights complaint and not a habeas corpus petition. Under the Prison Litigation Reform Act, prisoners defending conditions usually must first try to settle the matter through convenient grievance procedures. In that way, correctional administrators have a chance to rectify problems before litigation.
Complete step by step answer:
A writ of habeas corpus is a court order directing that a public official presents an imprisoned person to the court and gives a valid reason for that person's arrest. The system provides a means for prisoners, or anyone acting on their behalf, to discuss the legal basis for detention. Habeas corpus has extensive roots in English common law.
Usually, the court holds a hearing on the subject, during which both the inmate and the government can bestow evidence about the lawful basis for detaining the person. The court can even issue and reinforce subpoenas to obtain further evidence.
Depending on what the evidence exposes, the judge will be able to grant the inmate relief.
People tend to confuse habeas corpus with the right of direct appeal. Criminal defenses are always authorized to request a conviction or judgment to a higher court, which reviews the trial judge's decisions. Habeas corpus gives a separate avenue for questioning imprisonment and is commonly used after a direct appeal has declined. It often acts as a final resort for prisoners who contend that a miscarriage of justice has occurred.
A writ of habeas corpus is not possible in every situation. Because judges get a wave of habeas corpus petitions every year, some prisoners prepare without the support of a lawyer; rigorous methods govern which ones are permitted to proceed. Inmates are usually banned from repetitively registering petitions about the same subject.
So the Correct option is the arrested person must be brought before the court, which holds the right to set the person free if the grounds of the arrest is found to be faulty
So, the correct answer is Option A.
Note: When an inmate is not confronting the fact of being in jail but rather the circumstances of confinement, it is usually important to register a civil rights complaint and not a habeas corpus petition. Under the Prison Litigation Reform Act, prisoners defending conditions usually must first try to settle the matter through convenient grievance procedures. In that way, correctional administrators have a chance to rectify problems before litigation.
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