Talk:Habeas corpus
From Academic Kids
(Erosion of Habeas Corpus in the US, 1980-2002?)
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Such an erosion of the writ might be best addressed as part of the overall effort to streamline the federal appeals process.
The section on suspension of the writ in Chile? did/does Chile recognize such a writ - I believe they are a civil law jurisdiction.
- Civil law jurisdictions do not recognize habeas corpus per se — if only because modern civil law jurisdictions normally do not use latin expressions in legal contexts. They tend to have, however, judicial procedures that are close or equivalent. David.Monniaux 12:50, 17 Mar 2005 (UTC)
This is false. The writ of Habeas corpus was not suspended after 9-11.
Following the crime against humanity which occurred on 11 September 2001 in New York, habeas corpus was suspended in the USA. More than a thousand people were arrested due primarily on their national origin (see racism), and were kept imprisoned in secret without any form of legal process. Under pressure from lawyers, many of these "disappeared" people were released, but others were deported without being charged or brought before a court of law. Some of the "disappeared" people who were released alleged that they had been tortured.
The US has done lots of nasty things - deposing Salvador Allende among them - but why should this be in an article about habeas corpus?
bob
Suspension of Habeas Corpus following the 11 September incident
Following the US supported coup d'etat against the democratically elected president of Chile, Salvador Allende, on 11 September 1973, habeas corpus was effectively suspended in Chile. Tens of thousands of people suspected to be opposed to the government were "disappeared". Many eventually were found to have been killed.
Introduction
The definition of habeas corpus seems very unclear to me. Sorry, but I simply cannot understand it. Could someone rewrite the first chapter, and/or perhaps give an example? Does this mean the person must appear at a court, be told the reason for imprisonment? "It's purpose is to release someone who has been arrested unlawfully" - how is that? How does bringing the prisoner to the court release him if he was arrested unlawfully? How does it guarantee against torture? -- Lussmu 19:20, 2 Jul 2004 (UTC)
I clarified the introduction by showing the writ in two different context. The original context makes the explanation confusing. The writ (in a common law context) is used to remove a person from a civil court into a common law court. This is vastly different from the explanation in the introduction. The personal liberty is protected in choice of law actions by the writ (actually by the return on the writ issued by the court of common pleas).(RAF)
The civil law writ allows for release if the person is being held without due process. This allows your attorney to get you out of jail until you have had a trial. Unfortunately it only works when you either have a lawyer or the ability to file this claim. A person without this ouside contact (an attorney or someone who can file the writ) isn't protected very well except by the disire of government to do what is right (this is a very small desire and almost can't be found).
