[Skip to Content]
Access to paid content on this site is currently suspended due to excessive activity being detected from your IP address 54.163.147.69. Please contact the publisher to request reinstatement.
[Skip to Content Landing]
Article
February 18, 1911

THE DISCHARGE OF LUNATICS BY HABEAS CORPUS PROCEEDINGS

Author Affiliations

Of the Bar of the District of Columbia WASHINGTON, D. C.

JAMA. 1911;LVI(7):489-492. doi:10.1001/jama.1911.02560070021007
Abstract

The constitution of the United States1 provides that "the privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it."

It is important at the outset that we have clearly before us in the consideration of this paper a precise idea of the legal significance and aim of the great writ to which it relates. A concise definition, which has generally been accepted as a most complete one, is that given in "Hurd on Habeas Corpus:"2

The writ of habeas corpus is that legal process which is employed for the summary vindication of the right of personal liberty when illegally restrained.

It is along the line of this definition that I proceed to a discussion of the application of the writ respecting a single class of individuals, namely, the insane. Reverting to the historical,

First Page Preview View Large
First page PDF preview
First page PDF preview
×