Habeas corpus is a term many Santa Clarita residents may not be familiar with, but it plays a vital role in the criminal justice system today.

Habeas corpus is defined as a writ requiring a person to be brought before a judge or court, especially to determine whether the person has been detained or imprisoned legally; or the right to obtain such a writ as protection against illegal detention or imprisonment, according to the Bail Resource Center & Career Academy.

“Habeas corpus dates all the way back to the 16th century in England,” said Inessa Chavez, vice president of All American Bail Bonds in Santa Clarita. “Learning its history is important for today’s bail agents to have a full understanding of the term.”

The earliest use of the writ took place toward the end of the 16th century, when it was used as a constitutional remedy against the tyranny of the Crown to protect those imprisoned by the Privy Council.

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However, the effectiveness of the writ was greatly diminished by a variety of methods used to avoid it, such as a 1627 ruling that a warrant by the Privy Council was enough to satisfy the terms of habeas corpus.

In 1641, Parliament made an effort to increase its ineffectiveness by passing a new law requiring arrestees be granted habeas corpus without delay, and mandating that the court had no more than three days to determine the legality of the person’s imprisonment thereafter.

Despite this law, many judges refused to grant writs of habeas corpus during vacation periods, resulting in the passage of the Habeas Corpus Act of 1679 by Parliament.

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The act imposed severe penalties on any judge who refused to issue the writ without good cause, and on any officer or other person who failed to comply with it.

“The Habeas Corpus Act of 1679 meant that the authority of the court overruled the authority of the Crown,” Chavez said, citing the Bail Resource Center & Career Academy, “making the writ what some refer to today as a ‘powerful weapon’ to protect those arrested for criminal offenses.”

Article Source: “California 20-Hour Bail/Recovery Pre-Licensing Education, Volume 1” by the Bail Resource Center & Career Academy

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