Habeas Corpus

The formal term, writ of habeas corpus ad subjiciendum is Latin for "you shall have the body subjected to examination." Commonly stated as writ of habeas corpus, it is generally defined as a judicial order that is issued by a judge on the behalf of a prisoner, and directed to an official of a prison or other detention facility that has custody of the prisoner. The legality of the writ of habeas corpus is formally contained in state constitutions and within the United States Constitution: "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, http://www.usconstitution.net/const.html#A1Sec9]

The writ of habeas corpus has a long history that probably originated in twelfth-century England as a way to release illegally detained persons. It was used over the next several centuries as part of common law within the English government. In 1679, the Habeas Corpus Act was passed by the English Parliament in order to guarantee this mandate in law. Today, in the United States and other countries around the world (in various forms), the writ of habeas corpus is a fundamental liberty that guarantees due process to prisoners without deciding innocence or guilt.

Before petitioning for a writ of habeas corpus, a prisoner must prove that all other available means have been attempted. In order to hold a valid writ of habeas corpus, the prisoner must demonstrate that a real or legal mistake was made by the court ordering the original detention or imprisonment. When approved, a writ orders a law enforcement official to deliver a detainee to a specified judge's court at a specific time in order to determine whether the prisoner should be released from custody or continue to be imprisoned. In most cases of present-day usage, the writ is used to appeal state criminal convictions to the federal courts. In some other cases, a writ may be used against a private individual detaining another private individual. For example, people who have been denied custody of children in divorce and adoption proceedings may file a writ of habeas corpus with the court system.