Determining the Legality of the Confinement with Habeas Corpus

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Even though some prisoners are deemed dangerous, they should not be held indefinitely because it is against their civil liberties. Prisoners should either be tried and sentenced or released. It is a person’s right to have a clear statement as to why they are being held captive and be released if there is no evidence against them. Habeas corpus is a Latin term meaning, "you have the body". Habeas corpus is a court order, which directs officials who have custody of a prisoner to appear in court with him in order to determine the legality of his confinement. In England, the first writ of habeas corpus was originally an order from a king on a prisoner’s behalf to determine whether he was being detained lawfully. During the 11th century in England, habeas corpus was a common law and eventually codified in the 1215 Magna Carta. Article 39 of the Magna Carta read, "No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor will we send upon him except upon the lawful judgement of his peers or the law of the land" (as cited by Ivanova,...

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