{"id":6022,"date":"2017-11-01T03:50:12","date_gmt":"2017-11-01T03:50:12","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=6022"},"modified":"2017-11-01T04:06:42","modified_gmt":"2017-11-01T04:06:42","slug":"writ-of-habeas-corpus-command-that-a-prisoner-or-detainee-or-one-on-probation-be-brought-before-the-court-to-challenge-the-legality-of-their-custody-demand-their-release","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=6022","title":{"rendered":"Writ of Habeas Corpus – command that a prisoner (or detainee or one on probation) be brought before the court to challenge the legality of their custody & demand their release"},"content":{"rendered":"

\u00a0 \u00a0 \u00a0This page contains legal & historical information, including<\/em> applicable Supreme Court rulings, followed by<\/em> the official U.S. Courts<\/a> forms<\/em> needed to file Writs of Habeas Corpus. \u00a0Need more info? \u00a0See –\u00a0what is a writ?<\/a><\/em><\/strong><\/span><\/p>\n

Writ of Habeas Corpus<\/span>:<\/strong><\/span><\/p>\n

\u201c<\/strong>[Law Latin ‘that you have the body’] (18c.) A writ employed to bring a person before a court, most frequently to ensure that the person\u2019s\u00a0<\/strong><\/span>imprisonment or detention is not illegal<\/strong> (habeas corpus ad subjiciendum). In addition to\u00a0<\/strong><\/span>being used to test the legality of an arrest or commitment, the writ may be used to obtain\u00a0<\/strong><\/span>judicial review of<\/strong><\/span><\/p>\n

1.) the regularity of the extradition process<\/strong><\/span>
\n2.) the right to or amount of bail<\/strong><\/span>
\n3.) the jurisdiction of a court that has imposed a criminal sentence.<\/strong><\/span><\/p>\n

…Abbr. H.C. Sometimes shortened to habeas. Also termed habeas corpus; ‘Great<\/span>
\nWrit’.\u201d<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0Excerpt from\u00a0Charles Alan Wright, The Law of Federal Courts 5 53, at 350 (5th ed. 1994) (quoting Secretary of State for Home\u00a0<\/strong><\/span>Affairs v. O\u2019Brien, [1923] AC, 603, 609):<\/strong><\/span><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cThe writ of habeas corpus, by which the legal authority\u00a0<\/span><\/strong><\/span>under which a person may be detained can be challenged, is of\u00a0<\/span><\/strong><\/span>immemorial antiquity. After a checkered career in which it was\u00a0<\/span><\/strong><\/span>involved in the struggles between the common-law courts and\u00a0<\/span><\/strong><\/span>the Courts of Chancery and the Star Chamber, as well as in the\u00a0<\/span><\/strong><\/span>conflicts between Parliament & the crown, the protection of the\u00a0<\/span><\/strong><\/span>writ was firmly written into English law by the Habeas Corpus<\/span><\/strong><\/span>
\nAct of 1679. Today it is said to be \u2018perhaps the most important\u00a0<\/span><\/strong><\/span>writ known to the constitutional law of England….<\/span>\u201d<\/strong><\/span><\/p>\n

Types of Habeas Corpus:<\/strong><\/span><\/p>\n