"No freeman is to be... imprisoned or [denied] of... liberties... [except] by lawful judgment of his peers or by the law of the land."

  • Magna Carta, 1215



What individual right does the Magna Carta address in this clause?


AThe right of protecting imprisoned people from paying excessive bails
BThe right for people accused of crimes to have witnesses testify in their defense
CThe right of habeas corpus to people accused of crimes
DThe right for women to accuse others of crimes and serve on juries

Verified Answer :

Final answer:

The Magna Carta clause addresses the right of habeas corpus, protecting individuals from unlawful detention and ensuring they are only imprisoned by lawful judgement. This principle is foundational to modern legal rights and due process. The correct answer pertains to the rights of people accused of crimes.


Explanation:

Understanding the Individual Right in the Magna Carta

The clause from the Magna Carta, which states that "No freeman is to be... imprisoned or [denied] of... liberties... [except] by lawful judgement of his peers by the law of the land," directly addresses the principle of habeas corpus. This ancient legal right means that a person cannot be held in prison without being formally charged or tried. Essentially, it protects individuals against unlawful detention, ensuring that anyone accused of a crime has the right to have their case heard by a jury of their peers, which reflects fairness and justice.

Furthermore, this clause represented a monumental shift in the law, laying the groundwork for modern judicial rights that ensure due process. It signifies the importance of lawful judgement over the arbitrary power of rulers, reinforcing the idea that freedom and personal liberty are protected under the law.

Conclusion

Therefore, the correct answer is the right of habeas corpus to people accused of crimes, which is encapsulated in this pivotal clause of the Magna Carta.


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