ELI5, what is habeas corpus?

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Layman’s terms. Examples, if you can too, please!

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Anonymous 0 Comments

Other people have done a good job saying what it is, it’s also useful to imagine the opposite. Without habeas corpus, or a similar legal concept in countries with different legal history, the following scenarios may happen.

* The government arrests you and never shows your face again. Maybe you are dead, maybe you are in a work camp, maybe you are in a jail cell. Nobody knows, and nobody has the right to ask.
* Arrest you, give you a day in court, but never accuse you of specific crimes or present evidence. They just say “Nixstar committed crimes against the state, and we think they are guilty” and then throw you in prison.

The above things often happen in dictatorships or corrupted governments, but in a properly functioning government you as the arrested person, your lawyer, or even perhaps a friend or family member can start a process demanding to see you in court. If the judge, police, or other government body can’t or won’t bring you in, then they can be charged with a crime themselves.

Finally, if the government can’t accuse you of a specific crime and show at least SOME evidence for your arrest, then you can demand to be let go. They can still investigate you after letting you go, but they shouldn’t continue to hold you.

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