Habeas Corpus

ConceptCommon Law

The writ requiring a jailer to produce a prisoner and justify detention before a court

Overview

Habeas corpus, Latin for you shall have the body, commands the custodian to bring a detainee to court and show lawful cause for holding them. Rooted in medieval English practice and armored by the 1679 act, it is the great safeguard against arbitrary imprisonment, famous in wartime cases and in the struggle over detention at Guantanamo. Most written constitutions guarantee it, usually allowing suspension only for rebellion or invasion. It protects anyone within the jurisdiction of most courts, regardless of citizenship.

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