ASIS International (ASIS) Professional Certified Investigator Practice Exam

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What legal principle allows a person to challenge the legality of their detention?

  1. Double jeopardy

  2. Probable cause

  3. Habeas corpus

  4. Exclusionary rule

The correct answer is: Habeas corpus

The principle of habeas corpus allows an individual to challenge the legality of their detention. This legal remedy is rooted in the right to seek relief from unlawful imprisonment. When a person files a writ of habeas corpus, they are essentially asking a court to examine whether their detention is justified under the law. This principle serves as an important safeguard against arbitrary detention, ensuring that individuals have recourse to the judicial system to contest their confinement. The other options pertain to different legal concepts: double jeopardy prevents a person from being tried for the same crime twice, probable cause relates to the justification needed for arrests or searches, and the exclusionary rule disallows evidence obtained in violation of a person's constitutional rights. While these concepts are significant within the realm of criminal justice, they do not directly address the right of an individual to challenge their detention in court.