Habeas Corpus

Dennis D. Loo

Habeas corpus is a Latin term that means literally “you have the body.” It refers to a judge-issued writ requiring the government to bring a prisoner to court for the court to consider whether the detainee's imprisonment is legal. It is also known as the Great Writ of Liberty because it is designed to prevent unlawful imprisonment. Habeas corpus concerns due process—whether an inmate's constitutional or statutory rights have been violated. It is most commonly used when a state prisoner appeals his or her conviction to a federal court on the grounds that his or her constitutional rights were violated. Typically, only those who are incarcerated may file habeas corpus petitions. However, a person may file a petition if a court has threatened to jail him or her for contempt of court. In family law, a parent denied custody of his or her child by a trial court may also ...

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