Legal Definitions - languidus

Languidus is a historical legal term originating from common law. It refers to a specific type of report, known as a "return of process," that a sheriff would make to the court. This report indicated that a person who had been taken into custody (a defendant) was too severely ill to be safely transported or moved from their current location, thereby preventing their appearance in court or transfer to a different facility.

Here are some examples illustrating the application of languidus:

• Example 1: Sudden Medical Emergency Post-Arrest
  A sheriff arrives at a defendant's home to execute an arrest warrant. After the defendant is formally taken into custody, but before they can be transported to the county jail, the defendant suffers a sudden and severe medical emergency, such as a heart attack or stroke. The sheriff, recognizing that moving the defendant would be life-threatening, arranges for immediate medical attention at the scene. Unable to complete the transport, the sheriff would then submit a languidus return to the court, explaining that the defendant could not be removed due to critical illness.

  This example illustrates languidus because the defendant, though under the sheriff's control, becomes too sick to be moved, necessitating a formal report to the court about the inability to proceed with the arrest process.

• Example 2: Contagious Illness in Temporary Custody
  In a historical context, a sheriff arrests a person for a minor offense and places them in a temporary holding cell while awaiting transport to the main courthouse. While in this temporary custody, the defendant contracts a highly contagious and debilitating illness, such as a severe fever or plague. The sheriff determines that moving the defendant would not only endanger the defendant's life but also risk spreading the illness to court officials, other prisoners, and the public. The sheriff would then file a languidus return, informing the court that the defendant could not be presented due to their incapacitating and infectious illness.

  This scenario demonstrates languidus as the sheriff, having the defendant in custody, is prevented from completing the court process because the defendant's severe illness makes transport unsafe and impractical.

• Example 3: Illness During Transport
  A sheriff has arrested a defendant and is en route to the courthouse to present them before a judge. During the journey, the defendant, who appeared healthy at the time of arrest, suddenly becomes critically ill and unresponsive, perhaps due to an unforeseen medical condition. The sheriff immediately pulls over and seeks emergency medical assistance for the defendant. As the defendant is now too sick to continue the journey and appear in court, the sheriff would make a languidus return, detailing the medical emergency that prevented the defendant's removal to court.

  This example fits languidus because the defendant, while in the sheriff's custody and in the process of being moved, becomes too ill to continue, requiring the sheriff to report this inability to the court.