What Is a Writ of Habeas Corpus?

If you believe you've been wrongly detained by the state or federal government, issuing a writ of habeas corpus is a way to challenge your imprisonment. This legal instrument has several uses, but the concept of habeas corpus is relatively simple.

Read More Legal Articles

A writ of habeas corpus is a legal method to challenge whether federal or state detention is lawful. In other words, a detained person can issue a habeas corpus to test whether the state or federal government is wrongfully imprisoning them. After issuing the writ, the person attends a court or tribunal where a judge examines the reasons for their detention, hears arguments on both sides and determines whether the authorities can continue to lawfully detain them.

A person can only issue a writ of habeas corpus if they're in custody and have no further avenues of appeal against their detention. They can sign the petition themselves or have a representative sign it on their behalf.

The concept of habeas corpus comes from the Magna Carta, but it was first applied in English law in the 1600s as a way to challenge the rights of monarchs and local authorities to detain people for no legal reason. The concept later gained traction in the U.S. and later became part of the Constitution.

What Does ‘Habeas Corpus’ Mean in Latin?

The Latin words "habeas corpus" directly translate as “produce the body,” or "that you have the body." Therefore, it means the person must be brought before the court.

More Related Articles:

• When Do You Need a Lawyer? Determine If You Need to Hire an Attorney
• What Is a Class-Action Lawsuit?
• What Is a Misdemeanor?
• What to Do After a Car Accident
• What Is Power of Attorney?

Talk to a Pro

(877) 574-1059

What Is the Purpose of Habeas Corpus?

The purpose of habeas corpus isn't to determine whether a person is innocent or guilty of a crime. Instead, it merely establishes whether the grounds for their current imprisonment or detention are lawful. Therefore, it safeguards against an authority using its powers to detain people without a sound legal reason. The authority must prove it has the legal power to continue detaining the person, but the court doesn't consider whether the person's initial detention was correct or incorrect.

The person may be immediately released if the court finds that the governmental body doesn't have the authority to imprison them. However, they may be rearrested and detained if the government later acquires the authority — for example, if new evidence comes to light following the person's release.

When Is Habeas Corpus Used?

A writ of habeas corpus can be used in multiple circumstances. Often, people invoke habeas corpus after being convicted of a crime as a way to challenge whether they were legally detained before their conviction. It may also be used to challenge detentions in other circumstances, such as people detained on the basis of their immigration status.

Sometimes, a writ of habeas corpus can help the courts make decisions at the start of criminal cases. For example, establishing whether a governmental authority has the power to detain a person can help the courts decide whether they should be detained in a different jurisdiction. It can also aid courts in making other determinations, such as whether a person should be eligible for bail or whether they can be extradited overseas.