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The writ of habeas corpus protects a person in custody by letting that person do what?
ADemand a jury trial within twenty-four hours
BRefuse questioning until a lawyer arrives
CAppeal directly to the president for pardon
DAsk a judge to rule if the detention is legal
Answer & Solution
Correct answer: D. Ask a judge to rule if the detention is legal
1. The Constitution bars government from suspending the writ of habeas corpus.
2. The writ enables someone in custody to petition a judge to determine whether the detention is legal.
3. It works alongside the bans on bills of attainder and ex post facto laws to guard personal liberty.
4. Speedy jury trials and access to counsel are separate protections, not the habeas writ.
5. Neither the federal government nor the states may take these liberty protections away.
_Source: OpenStax American Government 3e (CC BY 4.0), Ch 3 "American Federalism", section 3.1 The Division of Powers_
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