Habeas corpus guarantees which right?
A. the right to vote
B. the right to have a fair trial
C. the right to be free unless charged with a crime
D. the right to speak freely
What is it?
Habeas corpus guarantees the right to be free unless charged with a crime. Therefore, the correct answer is C.
The correct answer is B. the right to have a fair trial.
Habeas corpus is a legal concept that protects a person's right to challenge the lawfulness of their detention or imprisonment. It is often referred to as the "Great Writ" because it is considered a fundamental safeguard of individual liberty. The principle behind habeas corpus is that the government cannot detain a person without justification and must provide a fair trial to determine the lawfulness of their detention.
To understand this, we can break down the options:
A. The right to vote: Habeas corpus is not directly related to voting rights. The right to vote is protected by other laws and legal principles, such as the Fifteenth Amendment in the United States.
B. The right to have a fair trial: This is the correct answer. Habeas corpus ensures that individuals have the right to challenge their detention in court and be given a fair opportunity to present their case before a neutral judge.
C. The right to be free unless charged with a crime: This is partially correct, as habeas corpus protects individuals from being unlawfully detained without a proper legal process. However, it does not guarantee complete freedom unless charged with a crime. The legal process includes the right to a fair trial to determine the lawfulness of the detention.
D. The right to speak freely: Habeas corpus does not directly guarantee the right to speak freely. The freedom of speech is protected by other legal concepts, such as the First Amendment in the United States.
So, the correct answer is B. the right to have a fair trial.