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Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law.A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into ...
corpus delicti: body of the crime A person cannot be convicted of a crime, unless it can be proven that the crime was even committed. / ˈ k ɔːr p ə s d ɪ ˈ l ɪ k t aɪ / corpus juris: body of law The complete collection of laws of a particular jurisdiction or court. / ˈ k ɔːr p ə s ˈ dʒ uː r ɪ s / corpus juris civilis: body of ...
Latin Translation Notes habeas corpus [we command] that you have the body [brought up] A legal term from the 14th century or earlier. Refers to a number of legal writs requiring a jailer to bring a prisoner in person (hence corpus) before a court or judge, most commonly habeas corpus ad subjiciendum ("that you have the body [brought up] for the purpose of subjecting [the case to examination]").
The Habeas Corpus Act of 1867 (sess. ii, chap. 28, 14 Stat. 385) is an act of Congress that significantly expanded the jurisdiction of federal courts to issue writs of habeas corpus. [1]
The Habeas Corpus Act 1679 is an Act of Parliament in England (31 Cha. 2.c. 2) during the reign of King Charles II. [2] It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment.
This is a list of cases concerning criminal law heard by the Supreme Court of the United States in its original habeas jurisdiction granted by § 14 of the Judiciary Act of 1789, 1 Stat. 73, 81–82. That section provides:
The passage of the Habeas Corpus Suspension Act in March 1863 finally ended the controversy, at least temporarily, by authorizing presidential suspension of the writ during the Civil War, but requiring indictment by grand jury (or release) of political prisoners, and by indemnifying federal officials who had arrested citizens without habeas in ...