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

‘Habeas corpus’ is the Latin legal maxim that translates to ‘you have the body’ / ‘produce the body’.

The other answers correctly state that it is to affirm that there was good reason for an arrest that was made.

Most countires require that the arrested person be brought before an authority, be it a court or a magistrate or a state attorney, within a certain period of time after arrest, to be charged for what they have been arrested for. It exists for the simple reason of avoiding delaying the judicial process, and more importantly, *ensuring that no innocent man remains in custody for long in case of a wrongful arrest.*

Hence, it is a ***summons with a court order behind it.***

Edit: the summons is made to the custodian of the ‘body’ in question.

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