Search results
In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the ...
Apr 20, 2007 · What is Habeas Corpus? The “Great Writ” of habeas corpus is a fundamental right in the Constitution that protects against unlawful and indefinite imprisonment. Translated from Latin it means “show me the body.”
The modern uses of habeas corpus in the United States were quite varied. In the mid-20th century the U.S. Supreme Court ’s expansive interpretation of the constitutional rights of those accused of crime led to the filing of many habeas corpus petitions by prisoners, challenging their convictions.
A writ of habeas corpus is used to bring a prisoner or other detainee (e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or detention is lawful. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody.
Generally, the Rules Governing Section 2254 Cases (pdf) in the United States District Courts govern habeas corpus petitions filed in a United States district court pursuant to 28 U.S.C. § 2254 by a person in custody challenging his or her current or future custody under a state-court judgment on the grounds that such custody violates the ...
Habeas corpus is available to counter misuse of power in the form of illegal arrest, imprisonment or detention. Application for it must be made to the competent court. Application for a habeas corpus order may be made by the person so arrested, imprisoned or detained, or by any citizen in possession of his political rights.
Jun 13, 2015 · Habeas corpus is a protection against illegal imprisonment, afforded to United States citizens as outlined in the Suspension Clause of the U.S. Constitution. To explore this concept, consider the following habeas corpus definition.
