3 years ago

Why might an accused individual exercise the right to a writ of habeas corpus, granted by Article I of the Constitution?

1 answer:

7 0

Answer:

A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.

Explanation:

D so that the trial is based on established laws and legal precedents, not newly created statutes passed in the wake of the accused’s arrest

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