habeas corpus

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habeas corpus

(hā`bēəs kôr`pəs) [Lat.,=you should have the body], writwrit,
in law, written order issued in the name of the sovereign or the state in connection with a judicial or an administrative proceeding. Usually the writ requires the person to whom the command is issued to report at a fixed time (the return day) with proof of compliance or a
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 directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a specified place for a specified purpose. The writ's sole function is to release an individual from unlawful imprisonment; through this use it has come to be regarded as the great writ of liberty. The writ tests only whether a prisoner has been accorded due process, not whether he is guilty. The most common present-day usage of the writ is to appealappeal,
in law, hearing by a superior court to consider correcting or reversing the judgment of an inferior court, because of errors allegedly committed by the inferior court.
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 state criminal convictions to the federal courts when the petitioner believes his constitutional rights were violated by state procedure. An individual incarcerated in a state prison is expected to exhaust all possible routes available before applying to a federal judge for habeas corpus.

The term is mentioned as early as the 14th cent. in England, and was formalized in the Habeas Corpus Act of 1679. The privilege of the use of this writ as a safeguard against illegal imprisonment was highly regarded by the British colonists in America, and wrongful refusals to issue the writ were one of the grievances before the American Revolution. As a result, the Constitution of the United States provides that "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it" (Article 1, Section 9). President Lincoln suspended habeas corpus in 1861 at the beginning of the Civil War, and his decision was upheld by Congress—despite protests by Chief Justice Roger Taney that such suspension was not within the powers of the president. The Supreme Court's liberal decisions in the 1950s and 1960s in the area of prisoners' rights encouraged many incarcerated persons to file writs challenging their convictions, but the Court under William Rehnquist limited multiple habeas corpus filings, particularly from prisoners on death row.

Bibliography

See P. D. Halliday, Habeas Corpus: From England to Empire (2010); J. J. Wert, Habeas Corpus in America (2011).

habeas corpus

Law a writ ordering a person to be brought before a court or judge, esp so that the court may ascertain whether his detention is lawful
References in periodicals archive ?
The reader should note that permitting supplementation with materials that "bear heavily on the merits" is likely limited to the context of habeas petitions.
Put slightly differently, if the Suspension Clause protects a detainee's right to challenge the legal basis of his detention, the pre-FARRA defect was not the absence of a fight to judicial review, but rather the absence of a legal basis that would render transfer to torture unlawful--and therefore a basis for relief in a habeas petition.
197) The district court denied Chavis's federal habeas petition as untimely.
Arguments against the power of the federal courts to entertain habeas petitions from individuals in federal custody, or to be able to fashion appropriate relief in cases in which the petitioners prevail on the merits, are inherently arguments in favor of the Executive--far more so than defending these cases on the substance of the government's authority.
The government argued that the Military Commissions Act of 2006 (MCA) (11) removed from the court's jurisdiction habeas petitions from declared enemy combatants.
9) If, following a direct appeal, a defendant timely seeks discretionary review of the case in the Florida Supreme Court, the commencement date for filing a habeas petition is extended until the Supreme Court denies discretionary review or issues an opinion and its mandate.
29) He alleged in his second habeas petition that this meeting violated his rights under Gardner v.
We conclude that although the Act does impose new conditions on our authority to grant relief, it does not deprive this court of jurisdiction to entertain original habeas petitions,'' Rehnquist said in his opinion Friday.
Judge Kelvin Filer granted the habeas petition on the basis of the cumulative harm of prosecutorial misconduct in the case.