Save Word. Essential Meaning of habeas corpus. Full Definition of habeas corpus. Did you know? Example Sentences Learn More About habeas corpus. Examples of habeas corpus in a Sentence apply for a writ of habeas corpus. Recent Examples on the Web The US Supreme Court ruled in that detainees at the Guantanamo prison did have the right to habeas corpus , but several habeas challenges to detentions at the facility have failed in the past decade, Plochocki said.
Savage, Los Angeles Times , 13 July Lawyers for the Pentagon and the State Department are said to have pressed to declare that the clause protects detainees in the context of habeas corpus proceedings — while also saying that the standard had been met.
First Known Use of habeas corpus 15th century, in the meaning defined at sense 1. History and Etymology for habeas corpus Middle English, from Medieval Latin, literally, you should have the body the opening words of the writ. Learn More About habeas corpus. Share habeas corpus Post the Definition of habeas corpus to Facebook Share the Definition of habeas corpus on Twitter. Time Traveler for habeas corpus The first known use of habeas corpus was in the 15th century See more words from the same century.
Listen to Our Podcast About habeas corpus. Get Word of the Day delivered to your inbox! Sign Up. Style: MLA. Legal Definition of habeas corpus. Federal statutes 28 U. There are two prerequisites for habeas review: the petitioner must be in custody when the petition is filed, and a prisoner who is held in state government custody must have exhausted all state remedies, including state appellate review. Any federal court may grant a writ of habeas corpus to a petitioner who is within its jurisdiction.
The habeas petition must be in writing and signed and verified either by the petitioner seeking relief or by someone acting on his or her behalf. Federal courts are not required to hear the petition if a previous petition presented the same issues and no new grounds were brought up. Finally, a federal judge may dismiss the petition for the writ of habeas corpus if it is clear from the face of the petition that there are no possible grounds for relief.
Today, habeas corpus is mainly used as a post-conviction remedy for state or federal prisoners who challenge the legality of the application of federal laws that were used in the judicial proceedings that resulted in their detention.
Other uses of habeas corpus include immigration or deportation cases and matters concerning military detentions, court proceedings before military commissions, and convictions in military court. Finally, habeas corpus is used to determine preliminary matters in criminal cases, such as: i an adequate basis for detention; ii removal to another federal district court; iii the denial of bail or parole; iv a claim of double jeopardy; v the failure to provide for a speedy trial or hearing; or vi the legality of extradition to a foreign country.
The writ of habeas corpus primarily acts as a writ of inquiry, issued to test the reasons or grounds for restraint and detention. The writ thus stands as a safeguard against imprisonment of those held in violation of the law, by ordering the responsible enforcement authorities to provide valid reasons for the detention.
Thus, the writ is designed to obtain immediate relief from unlawful impeachment, by ordering immediate release unless with sufficient legal reasons and grounds. The purpose of the writ of habeas corpus is not to determine the guilt or innocence of a prisoner, but only to test the legality of a prisoner's current detention. The habeas corpus is not a narrow, static, and formalistic remedy, and must retain the flexibility to cut through various barriers of forms and procedural complexities by which a person may be imprisoned or detained.
Accordingly, the writ of habeas corpus is a flexible writ that can be administered with initiative and flexibility to obtain release from illegal custody. Although the writ of habeas corpus is thus a flexible writ for obtaining a release from custody when one is illegally detained, there are some limitations to the rule of habeas corpus.
For example, circuit precedent cannot refine or sharpen a general principle of Supreme Court habeas corpus jurisprudence into a specific legal rule that the Supreme Court has not yet announced. What is the pronunciation of habeas corpus? Browse ha. Test your vocabulary with our fun image quizzes.
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