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On the other hand, a writ of habeas corpus is a mandatory precept given by a court with which a prisoner can be acquitted from illegal detention. This legal action through a writ of habeas corpus can either be sought by the prisoner or another individual seeking to help him/her.
A writ of certiorari may be granted following an application by a district court, its judge, or the Supreme Court. It's granted in all cases when an inferior tribunal, officer, or board has gone beyond the jurisdiction of that tribunal, board, or officer. This writ of certiorari may be made returnable followed by a hearing at any time under the discretion of the court or judge granting the writ. Unlike the writ of certiorari, a writ of habeas corpus can be applied for by an individual who is unlawfully imprisoned or detained to inquire the reason for such restraint ("Chapter 34 -- Writs," 2005). However, such petitions must be confirmed by the requester or his/her counsel though this writ is not restricted to the trial record.
A writ of certiorari may be applicable in circumstances like when a party has lost a case and seeks for...
Additionally, a writ of certiorari may be used when the Supreme Court or a higher court wants to review the decision or ruling of a judge. A writ of habeas corpus may be used in various circumstances including the examination of the utilized extradition processes, analyze the amount of bail, and review a court's jurisdiction. Since the writ of habeas corpus may be used to review the reason for imprisonment or detainment, it can be abused by death row inmates. This legal action may be subject to abuse by these kinds of inmates because of the increasing legal and ethical concerns regarding capital punishment and the death penalty.
References:
"Chapter 34 -- Writs: Certiorari; Mandamus; Prohibition; Habeas Corpus." (2005). Justia.com
US Law. Retrieved October 27, 2011, from http://law.justia.com/codes/nevada/2005/NRS-034.html
Garcia, M.J. & Doyle, C. (2010, March 17). Extradition To and From the United States:
Overview of the Law and Recent Treaties. Retrieved October 27, 2011, from http://www.fas.org/sgp/crs/misc/98-958.pdf
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