Advanced Placement US History (AP US History) Practice Exam

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What does suspension of habeas corpus mean in a legal context?

  1. The right to a jury trial is denied

  2. People can be arrested without being charged

  3. All detainees must be released

  4. Legal proceedings are temporarily halted

The correct answer is: People can be arrested without being charged

The suspension of habeas corpus refers to a legal situation in which individuals can be detained without being formally charged with a crime. This means that the usual legal protection that allows a person to report an unlawful detention or imprisonment to a court is temporarily set aside. When habeas corpus is suspended, authorities have the power to arrest and hold individuals without having to present evidence or justify the detention in court. This principle is often invoked in times of national emergency or war when the government feels it needs to act swiftly to maintain security, even at the cost of individual rights. The other options, while related to legal rights, do not accurately capture the meaning of the suspension of habeas corpus. Denial of the right to a jury trial is a separate issue, as is the idea that all detainees must be released, which does not align with the concept of suspension. Additionally, while legal proceedings may indeed be impacted when habeas corpus is suspended, this does not directly define the action of suspending habeas corpus itself.