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KY_EnviroGuy

(14,480 posts)
9. Thanks - great thought (I had to look it up)
Thu Jun 21, 2018, 08:54 AM
Jun 2018

For those like me that are foggy on the subject, see: https://en.wikipedia.org/wiki/Habeas_corpus

(snip)

Habeas corpus; Medieval Latin meaning literally "that you have the body" is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful.

The writ of habeas corpus is known as "the great and efficacious writ in all manner of illegal confinement", being a remedy available to the meanest against the mightiest. It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond his or her authority, then the prisoner must be released. Any prisoner, or another person acting on his or her behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado.

Habeas corpus has certain limitations. Though a writ of right, it is not a writ of course. It is technically only a procedural remedy; it is a guarantee against any detention that is forbidden by law, but it does not necessarily protect other rights, such as the entitlement to a fair trial. So if an imposition such as internment without trial is permitted by the law, then habeas corpus may not be a useful remedy. In some countries, the writ has been temporarily or permanently suspended under the pretext of war or state of emergency.

The right to petition for a writ of habeas corpus has nonetheless long been celebrated as the most efficient safeguard of the liberty of the subject.

I hope some of the volunteer attorneys are doing this very thing!..................
This was kidnapping malaise Jun 2018 #1
I agree, "plain and simple" heaven05 Jun 2018 #14
It's also human trafficking malaise Jun 2018 #17
A general strike would do wonders but most of us feel like we can't afford to strike. Garrett78 Jun 2018 #38
yep heaven05 Jun 2018 #51
Human trafficing and their young,healthy bodies sold for even worse I fear.. stuffmatters Jun 2018 #70
How can we get federal kidnapping charges placed? All the US AGs work for Sessions. NCjack Jun 2018 #46
the "monument" heaven05 Jun 2018 #52
not a monument DBoon Jun 2018 #53
Fednapped! Purrfessor Jun 2018 #16
Perfect word. or. Trumpnapped OhNo-Really Jun 2018 #34
trumpnapped is better. Pins it on HIM. calimary Jun 2018 #36
Nice malaise Jun 2018 #40
People need to burn for this shocking inhumanity blake2012 Jun 2018 #2
Not a figure of speech. Truly burn at the stake. lagomorph777 Jun 2018 #13
Seconded!!! FiveGoodMen Jun 2018 #63
Yeah I'm on board. byronius Jun 2018 #72
At what point is it fair to ridicule the ice agents for doing this? uponit7771 Jun 2018 #3
Ridicule? Beating is the word that comes to my mind. marble falls Jun 2018 #4
Turn around, see that point at the very edge of the horizon? mythology Jun 2018 #5
+1000 nt Shipwack Jun 2018 #57
Well, we're far past the point where they get to say Bettie Jun 2018 #23
+1 uponit7771 Jun 2018 #43
We don't need to ridicule them Nevernose Jun 2018 #76
Someone needs to develop a writ of habeas corpus form in bulk, avebury Jun 2018 #6
Yes!! peggysue2 Jun 2018 #8
Thanks - great thought (I had to look it up) KY_EnviroGuy Jun 2018 #9
Alexander Hamilton wrote about habeas corpus Fortinbras Armstrong Jun 2018 #24
K&R. Thanks, good history. KY_EnviroGuy Jun 2018 #65
The NDAA killed Posse Comitatus OhNo-Really Jun 2018 #35
Just curious.... KY_EnviroGuy Jun 2018 #66
The military will become involved in housing and transporting. OhNo-Really Jun 2018 #67
I told you so Pentagon Asked to Prepare Housing for Up to 20,000 Migrant Children OhNo-Really Jun 2018 #68
Agreed. KY_EnviroGuy Jun 2018 #69
Kidnapping and child abuse are crimes The Blue Flower Jun 2018 #7
How is this not a crime. Glimmer of Hope Jun 2018 #10
Trump is getting dangerously close to evoking The Argentine Stolen Children of the 1970's. stuffmatters Jun 2018 #11
THIS is true! nt Duppers Jun 2018 #31
Didn't know about that.Wow! nt ecstatic Jun 2018 #41
just crazy uponit7771 Jun 2018 #45
When there is no trail of records, criminals prefer to bury the evidence. I expect they NCjack Jun 2018 #48
U2's "Mothers of the Disappeared" was about those children...back on "The Joshua Tree" album Moostache Jun 2018 #58
Congress needs to do right by these people and kids now, duforsure Jun 2018 #12
Judge Dolly Gee -- The California judge on the Flores v Sessions case -- needs to rule that ALL DOJ ancianita Jun 2018 #15
We'll need a US "Johann Radmann"... NeoGreen Jun 2018 #33
Apropos. ancianita Jun 2018 #61
Kick and recommend for visibility bronxiteforever Jun 2018 #18
Taking their cues from the Nazis mountain grammy Jun 2018 #19
But their meticulous records were also their shortcomings... GetRidOfThem Jun 2018 #27
and the "it's America bitch" are proud of it.. mountain grammy Jun 2018 #50
K&R... spanone Jun 2018 #20
It's called incompetence. onlyadream Jun 2018 #21
And add this in, too: they wouldn't be doing this to refugees from Canada. calimary Jun 2018 #39
Original Washington Post column this Raw Story article taken from csziggy Jun 2018 #22
WTF are they planning on doing with these kidnapped children, what's their end game? lark Jun 2018 #25
Maybe in China Delarage Jun 2018 #29
Shit, I didn't even think of that one. lark Jun 2018 #49
How to fix this atrocity scottie10 Jun 2018 #26
Some may not be biological, BTW. I guess kids ecstatic Jun 2018 #42
That's a good idea. Chemisse Jun 2018 #55
This is unacceptable. I hope the judicial system can do something about this. nt Honeycombe8 Jun 2018 #28
How do we stop this insane cruelty? gademocrat7 Jun 2018 #30
Some rich people..... dawnie51 Jun 2018 #32
Kicked and recommended. Uncle Joe Jun 2018 #37
The desaparecis dawg day Jun 2018 #44
Hell of it is ... the parents have to accept it that way. lpbk2713 Jun 2018 #47
Who the fuck were/are doing this dirty work for Trump? C Moon Jun 2018 #54
Jason Ritereiser's labor law firm in WA state will represent any whistleblowers for free. OMGWTF Jun 2018 #56
+1 C Moon Jun 2018 #64
Just picked up on this thread leanforward Jun 2018 #59
Trump never intended to reunite these families. CrispyQ Jun 2018 #60
Glad to see a judge is upset. NT SunSeeker Jun 2018 #62
K&R Scurrilous Jun 2018 #71
Yeah, the Stupid Incompetent Heartless DumbShits! Cha Jun 2018 #73
If anything encapsulates this whole affair in a nutshell, it is this : "At one point, Joe Chi Minh Jun 2018 #74
Kick ck4829 Jun 2018 #75
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