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How Stuff Works: How Habeas Corpus Works

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Comment by William Warren IV on May 11, 2011 at 9:17am

A lot of facts came out of this podcast. Habeas Corpus means “You have the body”, which is one of the guarantees of the constitution. It’s a guarantee to “due process” which is the right to an attorney, speedy trial, and a trial of your peers, but the guarantee protects that if you feel that it was not a fair trial, you can have a hearing in order to press evidence that (for example) your attorney was drunk.


This right also keeps us from being prosecuted unjustly. But there have been times where they have suspended this part of the constitution. In times of rebellion or difficult times, such as the Civil War, World War II, and the Military Commissions Act of 2006, where they can take away all of a person’s rights.


So is this effective? Personally I’m neutral on this topic, since I believe some people need to see justice in other places, while others should not be deemed unjust because their culture or background.

Comment by Kristen Miller on May 11, 2011 at 9:15am
This talk about Habeas Corpus was really interesting I had never heard of it until now. From what I understand Habeas Corpus is the rights to a speedy trial and a fair trial. A really good example they used was during World War 2 when the Japanese Americans were taken from their homes and put into camps. Their Habeas Corpus rights were revoked, and from what I understand because of that they weren’t released until the war was over. They had no reason to be taken from their homes without a trial. Most were just regular people who didn’t deserve to be removed but because of similar reasons of the Military Commissions Act of 2006, anyone who was considered an enemy combatant would have their Habeas Corpus revoked.
Comment by Asjia Saunders on May 11, 2011 at 9:11am
Habeas Corpus means to have the body in latin. It is our guarantees our rights in the bill of rights. it keeps us out of jail and protects us from state. I think was a good podcast it kept my atttention. It makes me want to look more into it.
Comment by Johnna Miller on May 11, 2011 at 9:01am
To put Habeas Corpus in my own words from the podcast, is that if you feel that you had an unfair trial due to valid reasons like if your judge was bias, you would have the right to another trial. But these rights can be suspended from a person if they rebel or have done harm to people or another person. Habeas Corpus in Latin means, “You have the body.”
Comment by Brett Bowers on May 11, 2011 at 9:01am

I think that Habeas Corpus is just to say that we are free and even if we are not we can ask to look at everyone in the court and see if they were impaired any way. The only time that Habeas Corpus is in a time of rebellion. I in my opinion my government is just a bunch of people that don’t know what they are doing.

Comment by Emyn Zaleski on May 11, 2011 at 8:38am
Habeas Corpus is the rights that you have when you get imprisoned. If you get sent to prison and you feel you have been unfairly sent to prison you can invoke the Habeas Corpus right. This makes it to where if your attorney was drunk or high the judge will look at the case and if he finds something that could link to being and unfair trial then he will decide whether or not he wants to retry the case.
Comment by Jeffrey David DeWilde on May 11, 2011 at 8:35am

                I think that the podcast on Habeas Corpus was a very good way to learn about the rule of Habeas Corpus. What it does is lets you have a fair trial, lets you have another one if it was not, lets you not be imprisoned for a invalid reason and it lets you get informed of what you are being accused of. It was also forgotten for the last 5 years and I am glad Obama brought it back.

Comment by Emily LaLonde on May 11, 2011 at 8:34am

Habeas Corpus is what I learned today. Habeas Corpus is the latin for you have the body. It's your rights that you have when you are imprisoned. If you feel as if you are sent to to prison unfairly and your case was finalized unfairly you can get your case repealed and have a new represintitive.

Comment by Eric Hirst on May 11, 2011 at 8:33am
Habeas Corpus was put in place for people who had a mis trieal. By mis trial I mean that the judge or lawyer was out of mind, evidence was thrown away, and was given a speedy trial. Habeas Corpus can be a suspension of rights, this happened in the civil war. In the Civil War the freedom of speech and freedom of the press was taken away.
Comment by Cassie Wright on May 11, 2011 at 8:33am
Habeas Corpus, it means that you have the body. Parlement initiated Habeas Corpus, it guarantees our rights. If you feel like you havnet been given a fair trial, or that you were represented right, habeas corpus gives us the right to a fair trial, or a new representative, if there is evidence proving that it is so. The only time habeas corpus is unexceptible is in times of rebellion.

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