detainer etymology

Etymology:

  • Old French: detener, detenir
  • Latin: detinere, from de-, meaning "down" or "away," and tenere, meaning "to hold"

Meaning:

  • A legal order issued by one court to another court, ordering the latter to detain a person in custody.
  • A person held in custody by one court upon a request from another court.
  • A hold placed on a prisoner's release from a correctional facility due to an outstanding warrant or charge.

Origin:

The term "detainer" originated in the legal system of medieval Europe. As early as the 13th century, a detainer was a written request from one court to another to prevent a person from traveling or leaving a certain jurisdiction. This was typically used to ensure that a person charged with a crime would not flee before trial.

Over time, the concept of detainers expanded to include orders to detain a person for extradition or to prevent their release from prison based on an outstanding criminal charge. In the United States, detainers are governed by federal law and the laws of each individual state.

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