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

A in order to be brought before a judge, who will then decide whether the accused has been lawfully imprisoned

B in order to demand that legal counsel be provided to him or her during his or her criminal trial

C so that the authorities must inform him or her of the rights granted to all citizens by the Fifth Amendment

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

Question

Theresa Weber

Law

9 June, 17:48

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

A in order to be brought before a judge, who will then decide whether the accused has been lawfully imprisoned

B in order to demand that legal counsel be provided to him or her during his or her criminal trial

C so that the authorities must inform him or her of the rights granted to all citizens by the Fifth Amendment

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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Answers (1)

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Juliana Ellis · Answer 1

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