Habeas corpus, << HAY bee uhs KAWR puhs, >> is a legal term which, in its original Latin, means you are ordered to have the body. If a person has been arrested or is held by police, a lawyer or friend can obtain a writ of habeas corpus. This writ orders the police to produce the arrested person in court. The court then decides if the police have sufficient reason to hold the prisoner or if the prisoner’s rights have been violated. Also, in the United States, a federal court may grant a writ of habeas corpus in order to review a person’s trial and conviction by a state court.
The writ of habeas corpus is a basic guarantee of personal freedom in English and American law. It prevents unjust or wrongful imprisonment or detention by legal authorities.
In 1679, the Habeas Corpus Amendment Act was passed in England. The act strengthened the use of habeas corpus by stating that the Crown could not detain a prisoner against the wishes of Parliament and the courts. This concept of personal freedom has been carried over into the legal systems of the United States and Canada.
In the United States, the Military Commissions Act of 2006 allows controversial practices for the detention, interrogation, and treatment of terrorist suspects. The act originally suspended habeas corpus for imprisoned suspects, but the right was restored by the Supreme Court in 2008.
