When a person is imprisoned or detained in custody on any criminal charge, for want of bail, such person is entitled to a writ of habeas corpus for the purpose of giving bail, upon averring that fact in his petition, without alleging that he is illegally confined.
Ca. Pen. Code § 1490
As an avid legal scholar and practitioner with years of experience in criminal law, constitutional rights, and legal history, I am well-versed in the nuances of various legal codes and statutes. My expertise is rooted in both academic study and practical application, allowing me to provide in-depth insights into complex legal concepts. Let me demonstrate my proficiency by delving into the details of Section 1490 of the California Penal Code, which pertains to the issuance of a writ of habeas corpus for the purpose of granting bail.
Section 1490, enacted in 1872, addresses a crucial aspect of criminal procedure, specifically dealing with situations where an individual is imprisoned or detained in custody due to a criminal charge but is unable to secure bail. The provision recognizes the fundamental right of an individual to seek release by invoking the writ of habeas corpus.
Now, let's break down the key concepts embedded in Section 1490:
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Writ of Habeas Corpus:
- The writ of habeas corpus is a legal order that commands the custodian of a person (who may be detained or imprisoned) to bring the individual before a court or judge. This is typically used to challenge the legality of the detention.
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Purpose of Giving Bail:
- Section 1490 emphasizes that the writ of habeas corpus, in this context, is sought for the specific purpose of granting bail. Bail is a legal mechanism allowing a person accused of a crime to be released from custody pending trial, with the understanding that they will return for court proceedings.
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Imprisonment or Detention for Want of Bail:
- The section applies when an individual is held in custody because they cannot secure bail. This recognizes the potential hardship faced by those unable to afford bail, ensuring that the legal system addresses this issue through the writ of habeas corpus.
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Averring the Lack of Bail in the Petition:
- The individual seeking relief under Section 1490 must include in their petition a statement (averment) that they are imprisoned or detained due to a criminal charge and are in need of bail, without having to explicitly claim that their confinement is illegal.
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No Requirement to Allege Illegal Confinement:
- Unlike some other legal provisions, Section 1490 specifies that the petitioner is not obligated to assert that their confinement is illegal. Instead, the focus is on the inability to obtain bail, indicating a recognition of the importance of liberty pending trial.
In essence, Section 1490 of the California Penal Code reflects a careful balance between the state's interest in ensuring the appearance of the accused at trial and the individual's fundamental right to liberty. It provides a legal avenue for those detained solely due to the lack of bail to seek release through the use of the writ of habeas corpus. This historical provision continues to play a vital role in safeguarding individual rights within the criminal justice system.
