Definition
A writ of habeas corpus requires a custodian to justify a person’s imprisonment before a court.
Political Dictionary
Habeas Corpus
Habeas corpus is a legal process challenging unlawful detention.
Why It Matters
It protects liberty by allowing judicial review of detention.
How It Works
A detained person files a petition alleging legal or constitutional defects.
History
The writ has deep roots in English law and is protected by the Constitution’s Suspension Clause.
Example
A prisoner may challenge a conviction based on ineffective counsel.
Common Misconceptions
- Habeas corpus is an appeal identical to direct review.
- It guarantees release.
- Only citizens may seek it.
Related Terms
Related Topics
See Also