Habeus Corpus

Habeus Corpus

Postby treeman » Fri Feb 08, 2013 6:44 pm

An interesting statement worthy of attention :thinks:

<<< I dont know the circumstances but any one can apply for habeus corpus in common law jurisdiction, for someone held unlawfully in a civil or criminal matter, if the matter is a criminal matter there must be a criminal charge pending trial or a conviction or contempt without one of these there can be no lawful holding beyond the normal held in custody. One can also with a Habeas application apply for bail. Of course if one can PROOVE that an alegation of crime is false and justice has been perverted by unlawful takingaway/false imprisopment then this can dealt with as well under Habeas Corpus. The intervention of third parties in regard unlawful opression which is an offence against the magna carta is in case law, Regina v Tooley QB 1710 (please dont uses swords though)
A PUBLIC DUTY

WHEN THE RIGHT TO RESIST BECOMES "A PUBLIC DUTY."

Anne Dekins was a loud-mouthed party girl — or at least, that’s what the arrest warrant suggested. Whatever she may have done in the past, Miss Dekins was quietly minding her own business when Officer Samuel Bray found her on the street and began to haul her away.

Dekins wasn’t inclined to go quietly, and she put up a struggle. Her cries for help attracted the interest of several armed men led by an individual named Tooley, who confronted Bray and demanded to know what he was doing to the frantic woman. The officer produced his official credentials and insisted that he was making a lawful arrest for “disorderly conduct.” When witnesses disputed that description, Bray called for backup.

Tooley and his associates ordered Bray to release the woman, and then took action to enforce that lawful order. After Bray’s partner was killed in the ensuing struggle, Tooley and his associates were arrested for murder. The trial court threw out the murder charge, ruling that the warrant was defective. Since the arrest was illegal, the court pointed out, Dekins had a right to resist – and bystanders likewise had a right, if not a positive duty, to assist her. The defendants were eventually found guilty of manslaughter, but quickly pardoned and set free.

By trying to enforce an invalid warrant, Bray “did not act as a constable, but a common oppressor,” observed the trial court. Tooley and the other bystanders were properly “provoked” by the act of aggressive violence against Anne Dekins, and their forceful but measured response – first demanding that the abductor release the hostage, then exercising defensive force to free her – was entirely appropriate.

Lawless violence against the helpless “is a sufficient provocation to all people out of compassion” in any circumstance, observed the court, “much more where it is done under a colour of justice, and where the liberty of the subject is invaded….” In fact, an act of that kind carried out by a law enforcement official is nothing less than “a provocation to all the subjects of England.”

Every Englishman “ought to be concerned for Magna Charta and the laws,” concluded the Queen’s Bench in the 1710 case Queen v. Tooley. “And if any one against the law imprison a man, he is an offender against Magna Charta.”

Roughly forty years earlier, the same court had issued a similar opinion in Hopkin Huggett’s Case. Huggett and his friends had come to the aid of a man who had been arrested by a constable named Berry. Huggett demanded to see the arrest warrant. When Berry produced a clearly spurious document, Huggett drew his sword and demanded the prisoner’s release. Berry refused, and finished second in the ensuing swordfight.

The wrongfully arrested man in that case (who was threatened with impressment into the military) did nothing to resist his abduction. It wasn’t clear that Huggett knew the man, or had even met him prior to the incident. Yet the Queen’s Bench ruled that Huggett’s actions were justified, since a situation in which a “man [is] unduly arrested or restrained of his liberty … is a provocation to all other men of England, not only his friends but strangers also[,] for common humanity’s sake.”
In addition to codifying the Common Law right to resist arrest, Hopkin Huggett’s Case and Queen v. Tooley recognized that this right inheres not only in the victim, but in citizens who interpose on the victim’s behalf.

Simply put: When a police officer commits the crime of unlawful arrest, the citizens who intervene are acting as peace officers entitled to employ any necessary means – including lethal force – to liberate the victim.

In early 18th Century England, this was seen as a non-negotiable bulwark against what the heroic Algernon Sidney called “the violence of a wicked magistrate who, hav[ing] armed a crew of lewd villains,” would otherwise inflict his will on innocent and helpless people with impunity. Sidney’s martyrdom at the hands of precisely that kind of degenerate, tyrannical magistrate underscored the vitality of the principle he expressed.

“The right to resist unlawful arrest memorializes one of the principal elements in the heritage of the English revolution: the belief that the will to resist arbitrary authority in a reasonable way is valuable and ought not to be suppressed by the criminal law,” observed Paul Chevigny in a 1969 Yale Law Journal essay. Actually, Chevigny – like many others – elides a critical distinction between “power” and “authority”: While a police officer may have the power to abduct or abuse an innocent person, citizens have the authority to prevent that crime.— Paul Randle-Jolliffe, Today 16:53
I'll make no subscription to their paradise.

All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit
Errors & Omissions Excepted
User avatar
treeman
 
Posts: 2821
Joined: Sat Apr 25, 2009 2:33 pm
Location: On the Land

Re: Habeus Corpus

Postby mr100 » Fri Feb 08, 2013 7:10 pm

robert peel said 'the police are the people and the people are the police'
question everything, accept nothing
mr100
 
Posts: 17
Joined: Wed Jan 13, 2010 4:28 pm

Re: Habeus Corpus

Postby treeman » Fri Feb 08, 2013 7:21 pm

mr100 wrote:robert peel said 'the police are the people and the people are the police'


Time to remind them then.
I'll make no subscription to their paradise.

All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit
Errors & Omissions Excepted
User avatar
treeman
 
Posts: 2821
Joined: Sat Apr 25, 2009 2:33 pm
Location: On the Land

Re: Habeus Corpus

Postby Dreadlock » Sat Feb 09, 2013 3:39 pm

Damn Treeman, you gotta tell me where you find all this stuff! :cheer:
Dreadlock
 
Posts: 453
Joined: Sat Oct 01, 2011 9:08 am

Re: Habeus Corpus

Postby treeman » Sat Feb 09, 2013 7:23 pm

Dreadlock wrote:Damn Treeman, you gotta tell me where you find all this stuff! :cheer:


It matters not where it comes from as long as it is shared brother :shake: :peace:
I'll make no subscription to their paradise.

All Rights Reserved - Without Prejudice - Without Recourse - Non-Assumpsit
Errors & Omissions Excepted
User avatar
treeman
 
Posts: 2821
Joined: Sat Apr 25, 2009 2:33 pm
Location: On the Land


Return to Lawful rebellion

Who is online

Users browsing this forum: No registered users and 2 guests

cron