Glossary · Constitutional Law
Habeas Corpus
habeas-corpus-4eb80d8dcb3838d7-2026-07-28
- Type
- Glossary
- Jurisdiction
- National
- Date
- 2026-07-28
- Topic
- Constitutional Law
A judicial procedure, literally meaning that you have the body, by which a person in custody challenges the legality of their detention. The writ compels the custodian to bring the prisoner before a court and justify the confinement. Rooted in English law and preserved in the U.S. Constitution, it is a core safeguard against unlawful imprisonment.
Definition
A judicial procedure, literally meaning that you have the body, by which a person in custody challenges the legality of their detention. The writ compels the custodian to bring the prisoner before a court and justify the confinement. Rooted in English law and preserved in the U.S. Constitution, it is a core safeguard against unlawful imprisonment.
Habeas Corpus. A judicial procedure, literally meaning that you have the body, by which a person in custody challenges the legality of their detention. The writ compels the custodian to bring the prisoner before a court and justify the confinement. Rooted in English law and preserved in the U.S. Constitution, it is a core safeguard against unlawful imprisonment. Example: After exhausting state appeals, the inmate filed a federal habeas corpus petition arguing his trial counsel was constitutionally ineffective.