In plain english what is WRIT OF HABEAS CORPUS

Discussion in 'Discussion Group' started by Kdog, Nov 8, 2011.

  1. Kdog

    Kdog Well-Known Member

    I look thru the arrest reports and always see WRIT OF HABEAS CORPUS arrested by Department of Corrections. I looked it up but cant tell in plain english what it means. Also what is weekender?

    Thanks
     
  2. Clif001

    Clif001 Guest

    A writ of Habeus Corpus is a legal order to release a prisoner who is deemed to be unlawfully detained.

    Weekender could be many things, depending on the context.
     
  3. Hatteras6

    Hatteras6 Well-Known Member

    Latin for 'we shall produce the body', where a petition of habeas corpus is filed with a judge, and the judge requires the defendant named as the corpus to be produced. Generally, the judge requires the official holding the person to produce that person, i.e. the judge would direct the sheriff to produce an inmate held in the county jail to be produced in court to determine whether or not the person being held is being held legally.

    In your query, DOC is being told to produce a person in their custody.

    A weekender is someone sendtenced to county jail for weekends, part of creative sentencing..often a result of being found for not paying child support.

    Child support hint. IF the child support is directed by the court, and entered into record as being required to be paid through the clerk of court, and the obligor does not pay as required, the obligor can easier be found to be in contempt of that sentence, rather than non payment of support. Judgement of nonpayment require separate, noticed, hearings. Contempt does not and makes it easier to compel the obligor to pay the support.

    Judges often place deadbeat parents in weekend jail to remind them of their obligations, and to motivate them to pay.

    Some DUI sentences are weekenders, as the person may be in fulltime schooling or the only supporter of a family.
     
    Last edited: Nov 8, 2011
  4. Kdog

    Kdog Well-Known Member

    If a prisoner is in custody and the judge orders them to be produced why are their mug shots show under the arrest reports as if they were re arrested? Also weekenders, if they are doing their time on weekends why post their mugshot as they have have been re arrested?
     
  5. Clif001

    Clif001 Guest

    Where is this?
     
  6. Kdog

    Kdog Well-Known Member

    Under arrest reports on the top of the page to the right under the banner
     
  7. Clif001

    Clif001 Guest

    Oh, you mean here on the 4042 website. You should probably direct questions about the content of the website to the webmaster, but I'm fairly certain what they get is a feed from some third-party site and have no real control over the content.
     
  8. Webmaster

    Webmaster Administrator

    Johnston County public information arrest records are provided to 4042.com each evening directly from the Johnston County Sheriff's Dept. They are processed into an archive database to enable viewing and searching.

    http://www.4042.com/jocosheriff/index.php

    Any action that results in an arrest record being entered into their system is included in the data feed which we receive.

    As for the exact legal connotation that the term "Writ of Habeas Corpus" has for someone that is processed through the legal system, we would have to direct you to the Sheriff's Dept for an explanation. (We will send a request ourselves for an explanation of that term and also "weekender" and include it in the Arrest Reports when we receive a reply.)
     
    Last edited: Nov 8, 2011
  9. JenniferK

    JenniferK Well-Known Member

    Was looking thru the arrest records....I like to see the reason people are arrested. Two things that surprised the heck out of me.

    Fishing without a license

    Failure to wear a seat belt

    I had no idea those were "arrestable" offenses. I assumed those were just things you'd get a ticket for.
     
  10. Clif001

    Clif001 Guest

    It depends on the reaction of the accused. If they act like a butt-head over the ticket, the officer has the right to arrest them.
     
  11. LovingLife10

    LovingLife10 Well-Known Member

    I'm betting these were either not the first offenses or something happened during the confrontation that led the police to find any reason to arrest. I agree though, I didn't realize these were arrestable offenses. I thought ticketable only.
     
  12. dgsatman

    dgsatman Well-Known Member

    I'm bettin' it's all about attitude. :)
     
  13. Webmaster

    Webmaster Administrator

    Below is the explanation we received concerning "Writs and Weekenders":

    Weekender bookings - weekenders are folks who’ve been sentenced to serve jail time only on a certain number of days, and to be served just on weekends. Each weekend they come in, their original sentence/booking/arrest is reactivated so that the time is calculated against that original charge.

    Writs - similarly have to be booked in as they are usually coming from another facility like prison or jail from another county. When they are booked, part of the booking process is to fill out the arrest/custody section. They get included in the data as they are ‘technically’ arrests.

    Hope that helps to explain the terms that are used in the Arrest Reports.
     
  14. kaci

    kaci Well-Known Member

    i am just curious, what is the fascination with seeing who was arrested other than foder for gossip? Seems listing who was actually convicted would be much better so people would be forewarned if said person lived near them. Growing up in VA the local tv channel used to run the pics of all those arrested and what they were arrested for and so many people just assumed guilt and the bashing began and there was never any followup on whether said person was actually convicted or not. Whatever happend to assumed innocent until proven guilty?
     
    Last edited: Nov 21, 2011
  15. Clif001

    Clif001 Guest

    Why would anyone need another reason?

    You've read some of the postings here on 4042. To many, arrest is the same as conviction. After all, the police don't arrest ionnocent people, do they?

    That only works in an actual court (and then only if you have a good lawyer). In the court of public opinion, people are guilty if they look a bit odd.
     
  16. ddrdan

    ddrdan Well-Known Member

    That offense is just plain stupid of anyone being charged with it. Anyone can get a 'free' fresh & salt water fishing license at social services.
     

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