Hey Wim,
MARCO
"Habeas Corpus" literally in Latin means "That you have the body", but it
doesn't refer to a right to life. It's a "writ requiring that a prisoner be
brought to court to determine legality of confinement" (Definition from
Webster's Dictionary).'
WIM
But doesn't this (historically) mean that a prisoner had the right to not be
left rotting to death in a dungeon?
RICK
Not exactly Wim.
The focus of Habeas Corpus rights is not on the FACT of confinement, but
rather on the legal RIGHTEOUSNESS of confinement. Thus, as long as you've
actually committed the crime you are accused of... and the law allows
confinement as a punishment for that crime (and doesn't violate any other
Constitutional provisions)... Habeas rights will not save you from rotting
in the dungeon.
Historically, Common Law Habeas Corpus rights also offered salvation to
those being wrongfully held by private, non-governmental entities (i.e.
slaves, indentured servants). However, those types of private confinements
are banned today under other legal provisions and so the modern (American)
use of Habeas Corpus rights is basically for prisoners being held by a State
government to get a review from the Federal courts.
rick
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