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The legal profession uses Latin as a universal language, including the writ of habeas corpus, which is a basic right for those imprisoned for crimes. It allows federal courts to review the fairness of a sentence and assess whether federal rights have been violated. It also ensures that prisoners are not mistreated and are free to appear in further proceedings.
Much like the medical and scientific communities, the legal profession uses Latin as a universal language form. A writ of habeas corpus issued by a Spanish court, for example, is easily recognizable to a judge working in the United States. Habeas corpus literally means ‘you have the body’, and is one of the most basic rights of those who have been imprisoned for crimes. The earliest uses of a habeas corpus writ (court order) date back to the Middle Ages.
In a typical case involving a writ of habeas corpus, a prisoner held for drug trafficking in Texas can petition federal court to review the fairness of the sentence or any violation of his constitutional rights. To consider the petition, a federal judge must be able to examine the inmate in her courtroom. He or she will issue a writ of habeas corpus to the state level jailers currently holding the prisoner. This assures the federal court that the detainee is indeed alive and in acceptable health.
Once the prisoner has been physically produced, the federal court can then assess the circumstances of the case and decide whether any of the prisoner’s federal rights have been violated. This could mean determining whether a police wiretap was legally justified or whether the evidence used to convict the prisoner was handled properly. Without a writ of habeas corpus, an innocent or wrongfully convicted person could spend years behind bars without much legal protection.
In the world of law, the term habeas corpus describes only part of the story. There are writs of habeas corpus that may compel a prisoner to testify as a witness, establish identity, or provide the court with additional information.
By far the most common use is to ensure that a prisoner has not been mistreated and is indeed free to appear in further proceedings.
