ShmoopTube

00:00

Thank you We sneak and here's your shmoop du jour

00:05

brought to you by habeas corpus The legal blessing for

00:08

warding off zombies All right A writ of habeas corpus

00:13

does what And hear the potential answers There are a

00:16

whole bunch of stuff All right Ho man where's elle

00:19

woods from legally blonde when we need her a writ

00:22

of habeas corpus which is featured in the constitution gives

00:26

us some protections when we're being accorded by the law

00:29

Let's See if we can get to the latin root

00:31

of this problem All right Does a writ of habeas

00:33

corpus a required that all evidence in a trial be

00:35

disclosed to the defense will know That came from brady

00:39

v maryland where the supreme court ruled that the prosecution

00:41

can't withhold evidence from the defense that helps protect us

00:45

from any sneaky tricks by the prosecutor No more hiding

00:48

it So a is gone Could a writ of habeas

00:50

corpus see required that the police provide proof that a

00:53

suspect has been notified of his rights When someone's arrested

00:57

police must notify them of their rights the hole to

01:00

remain silent and your right to an attorney at the

01:03

idea because if they don't there's a chance they won't

01:05

be able to use any testimony that person gives his

01:08

evidence in court Can a writ of habeas corpus deed

01:11

not be suspended for any reason We'll Actually the supreme

01:14

court has ruled that the president can suspend habeas corpus

01:17

during war time in areas where there is fighting that's

01:21

what president lincoln did during the civil war That means

01:24

a writ of habeas corpus be requires that the police

01:27

show good cause for detaining a person Under a writ

01:31

of habeas corpus the government must show they have a

01:33

good reason for placing someone under arrest meaning they can't

01:37

detain a person without revealing what unlawful thing they think

01:41

that person did The o b is the right answer

01:44

No habeas corpus applies to government arrest There are no

01:47

such legal guarantees when it comes to the fashion police

01:50

In that case the punishment automatically well i just suits 00:01:53.926 --> [endTime] the crime

Full Transcript