Civil Liberties, Habeas Corpus, and the War on Terror

Civil Liberties, Habeas Corpus, and the War on Terror

The action of Habeas Corpus, the defendant being arrested, receive this designation patient, because he is suffering violence or coercion. But nothing prevents the defendant is also the petitioner of Habeas Corpus. That's because the defendant himself may make your request for Habeas Corpus whether a lawyer (Smith & Anderson, 2011). Note that the plaintiff is the person making the request. As already mentioned the prisoner can make your application for Habeas Corpus, but also friends, family, prosecutors etc.

It is pertinent to remember that should be occurring violence or coercion, or is about to occur the practice of illegality or abuse of power by an authority that determines the prison to the detriment of the patient. The authority determines that the arrest prism is called the enforcement authority (Fallon Jr, 2010). Courts Habeas Corpus actions are fined with the following nomenclature: the defendant as a patient or plaintiff, the Court of origin receives the name filed, the plaintiff may also be interested individual as well as public prosecutors, lawyers, the patient. The last three are standing to petition for Habeas Corpus.

In this assertion, when a person is arrested because of a decision possibly illegal action is necessary to file a Habeas Corpus addressing it immediately to the higher authority. Thus, if the Chief of Police has made the arrest of a subject, it is Habeas Corpus for Criminal Judge of the District responsible if the warrant was not Judicial (Wright, 2013). From the moment that the Court approves or determines to prison, this same judgment becomes constraining authority. In this case the Habeas Corpus should be addressed to the Court, with headquarters in the state capital. If the Court confirms the decision of the Court a quo as the prison, the Court becomes constraining authority and appeal that can be assigned to the Superior Court of Justice - Supreme Court and the Supreme Court - STF.

For this reason, it is extremely important to mention that in criminal cases there are at least two types of Habeas Corpus that stand out. Habeas Corpus Repressive called discharge, which aims to put the individual in freedom. On the other hand, the Habeas Corpus Preventive is another modality used for cases in which the patient is found on the verge of violence or coercion illegal freedom to come and go, saying that leaving the Habeas Corpus Preventive coercion or even illegal not effective, but the patient has gone to seek their rights in a preventive way to not suffer any embarrassment (Redish & McNamara, 2010). It is clarified that the modality of Preventive Habeas Corpus, when the request is favorable to the patient is issued a document called safe conduct to avoid the threat of violence or illegal coercion, document called safe conduct signed by the magistrate, and a copy of which judgment is forwarded to the enforcement authority for science. Thus, the patient can move freely without any ...