Ed. Note: The following content was provided by All American Bail Bonds who is a client of KHTS AM-1220.
Habeas Corpus goes back hundreds of years and is in use today.
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The definition of Habeas Corpus is “a writ requiring a person to be brought before a judge or court, especially to determine whether the person has been detained or imprisoned illegally. The right to obtain such a writ as protection against illegal detention or imprisonment,” according to the California Bail Education textbook. “(It is) a writ or order issued by a court to a person having custody of another, commanding him or her to produce the detained person in order to determine the legality of the detention. The write of habeas corpus is of English origin; its original purpose was to liberate illegally detained persons, and it is still a protection against arbitrary imprisonment.”
Habeas Corpus was enacted in 1679 in England after years of tyranny and unfair punishment.
“We use Habeas Corpus today in our court system,” said Inessa Chavez, vice president of All American Bail Bonds in Santa Clarita. “Our U.S. Constitution has part of habeas corpus embedded in it. This protect you and I against illegal imprisonment and gives us the right to a fair trial.”
Both federal and state courts issue writs of habeas corpus, according to the textbook. Federal courts can only issue them under certain conditions and their jurisdictions extend to foreign prisoners as well.
Habeas Corpus is used by bail agencies, like All American Bail Bonds in Santa Clarita, to assure their clients are able to be before a judge and have the ability to determine if the person being held is guilty.
“It may be an older law, but its use is still very important in today’s society,” Chavez said.
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