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Legal Definitions - warrant of commitment

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Definition of warrant of commitment

A warrant of commitment is a formal legal document issued by a judge or other judicial officer that authorizes and directs law enforcement or correctional officials to take a specific individual into custody and detain them in a particular correctional facility, such as a jail or prison. It serves as the official legal authority for a person's incarceration, often issued after a conviction, a finding of contempt of court, or for other court-ordered detentions.

  • Example 1: Following a Criminal Conviction

    After a jury finds a defendant guilty of armed robbery, the judge sentences them to five years in state prison. Immediately following the sentencing, the judge issues a warrant of commitment. This document is then provided to the sheriff's deputies, legally authorizing them to transport the convicted individual from the courthouse to the designated state correctional facility and for the prison authorities to accept and hold them for the duration of their sentence.

  • Example 2: For Contempt of Court

    During a high-profile trial, a witness repeatedly refuses to answer questions despite being ordered to do so by the judge, causing significant disruption. The judge, finding the witness in direct contempt of court, issues a warrant of commitment. This warrant legally directs court officers to take the witness into custody and hold them in the local jail for a specified period, such as 48 hours, as a punitive measure for their defiance.

  • Example 3: Pending Mental Health Evaluation

    A defendant facing serious charges exhibits behavior suggesting they may not be mentally competent to stand trial. The court orders a comprehensive psychiatric evaluation. To facilitate this, the judge issues a warrant of commitment, directing that the defendant be transferred from the local county jail to a secure state mental health facility for a 30-day period of observation and assessment. This warrant provides the legal authority for the transfer and the facility's temporary custody of the individual.

Simple Definition

A warrant of commitment is a judicial order issued by a court. It directs a law enforcement officer to take an individual into custody or to continue holding them in jail for a legally specified purpose.

The end of law is not to abolish or restrain, but to preserve and enlarge freedom.

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