what doe's a habeas hearing mean?

1 Answer

  • Anonymous
    1 decade ago
    Favorite Answer

    It means that when a person is being held seemingly without charges, the imprisoned person or their defense attorney can demand that they be brought before the courts and demand that the judge say on what authority or on what charges they are being held. Under normal circumstances, if there is no evidence against the person being held at the time he/she is brought before the courts, technically, they should be released.

    Technically...because we all know that at present, the U.S Department of Justice, and the Executive Branch of the U.S. government set aside habeas corpus on this clause:

    "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it." Hope that helps.

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