Habeas corpus

Habeas corpus, Latin for "you [should] have the body", is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. The United States Constitution specifically included the English common law procedure in Article One, Section 9 which states:

“ 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. ”

United States federal law affords persons the right to petition for a writ of habeas corpus mainly if held by the federal authorities or for violations of the United States Constitution. Habeas corpus petitions are generally argued as ex parte cases. Individual states also afford persons the ability to petition for habeas corpus pursuant to their respective constitutions and laws when held or sentenced by state authorities.

During the Civil War and Reconstruction and during the Global War on Terrorism the right to petition for a writ of habeas corpus was substantially curtailed for persons accused of engaging in certain conduct.




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