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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 ...
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 Suspension Act, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners.
Under Article I, section 9 of the United States Constitution, habeas corpus can be suspended in cases of rebellion or invasion. The Confederacy was rebelling, making the suspension of habeas corpus constitutional. The Constitution, however, does not specify who may suspend habeas corpus — Congress or the president or both.
State courts vary in their use of ex parte proceedings (for example, in custody cases, replevin cases and other civil matters), though most have it in one form or another. For example, in the States of California and Illinois, ex parte proceedings are available if notice is given before 10 a.m. the previous court day, or even shorter upon ...
"Habeas petitions (which take years to be resolved following initial detention) are reviewed under a 'preponderance of the evidence' standard (versus the criminal standard of 'beyond a reasonable doubt') by a single judge in a civil proceeding, not a jury of twelve citizens in a criminal proceeding which can only return a guilty verdict if ...
The petitions were based on an act of the Congress titled "An Act Relating to Habeas Corpus and Regulation Judicial Proceedings in Certain Cases" that went into effect on March 3, 1863. The act was intended to resolve the question of whether Lincoln had the constitutional authority to suspend the writ of habeas corpus as authorized under ...