Saturday, November 13, 2010

 

Habeas Corpus

11/13/10

As was obsservingout of the window; considering why trees/bushes had been cut to produce paths; thought about the fact that when I would go and visit the palace where the guy who wants to date me worked; one of the other people (males) would try and communicate with me; and one day he causally mention that he was moving. My response was what difference did it make to me and looking at my response he said OH! I stay around the corner from you; which after I thought about it; I had seen him in a yard around the corner. Tdhen I remember how the next couple of days after he told me that that an authority figures vehicle began to be parked in the drive way which technically could be behind me if a path were created and just about the time that I thought about that; I saw a deer/yes a deer then another one and they ran accross the pack of the yard; along the path in the back. They were cute; and at the same time; knowing certain things; with certain knowledge situations can appear to be one way in acutality they are the opposite.

For example after studing the United States Constitution; the 14th Admendment; came across a word"abridge"- to lessen, reduce, decrease which is what they have been doing to me; on the other hand the antonym for abridge includ EXPAND, LENGTHEN INCREAS, ENLARGE, which is what they have been allowing my earthly sister to do; HIDE AND "SECRET"; like maybe a secret club=???????

And the other issue is Habeas Corpus- which basically means that if someone is holding you, you have lthe right to bring them to court and ask them to answer why; If they don't have a good reason they have to lety you go; They have been holding me psychologically and allowing my earthly sister to expand.

They say do unto others as you would have them do unto you!!!!!

http://en.wikipedia.org/wiki/Habeas_corpus

Wikipedia, the free encyclopediaJump to: navigation, search
This article is about the legal term. For other uses, see Habeas corpus (disambiguation).

Prerogative writs
Certiorari / Review

Habeas corpus
Mandamus / Mandate (peremptory)
Procedendo
Prohibito / Prohibition


Quo warranto

Philippine-specific
Amparo and Habeas Data
v • d • e

Habeas corpus (Latin meaning "you are to hold the body" i.e. "you should arrest", the conventional incipit of medieval arrest warrants in England) is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom against arbitrary state action.

A writ of habeas corpus is a summons with the force of a court order, addressed to the custodian (a prison official for example) demanding that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine if the custodian has lawful authority to detain the person. If the custodian does not have authority to detain the prisoner, then he must be released from custody. The 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. Most civil law jurisdictions provide a similar remedy for those unlawfully detained, but this is not always called "habeas corpus".[1] For example, in some Spanish-speaking nations, the equivalent remedy for unlawful imprisonment is the amparo de libertad.

Habeas corpus has certain limitations. 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. Furthermore, in many countries, the process may be suspended due to a national 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. The jurist Albert Venn Dicey wrote that the British Habeas Corpus Acts "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty".[2]

The writ of habeas corpus is one of what are called the "extraordinary", "common law", or "prerogative writs", which were historically issued by the English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The most common of the other such prerogative writs are quo warranto, prohibito, mandamus, procedendo, and certiorari. The due process for such petitions is not simply civil or criminal, because they incorporate the presumption of non-authority. The official who is the respondent has the burden to prove his authority to do or not do something. Failing this, the court must decide for the petitioner, who may be any person, not just an interested party. This differs from a motion in a civil process in which the movant must have standing, and bears the burden of proof.




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