Writ of Habeas Corpus

HAY-bee-us KORE-pus

Latin: 'you shall have the body.' A court order requiring a person in custody to be brought before the court to test the legality of detention.

Governing rule: U.S. Const. art. I, § 9, cl. 2; 28 U.S.C. § 2254

Plain-English definition

Habeas corpus is the constitutional safeguard against unlawful detention. A petition asks the court to require the custodian (warden, jailer) to produce the prisoner and justify the detention. Modern federal habeas under 28 U.S.C. § 2254 allows state prisoners to challenge their convictions in federal court — though AEDPA's deferential standard makes relief rare.

More in Criminal Procedure

Allocution

A defendant’s opportunity to speak directly to the judge before sentence is imposed.

Arraignment

A criminal proceeding where charges are formally read or presented and the defendant enters an initial plea.

Bail

Release before trial under conditions designed to assure appearance and protect the community.

Beyond a Reasonable Doubt

The constitutional proof standard the government must meet to convict a defendant of a crime.

Bond

A financial or secured promise tied to a defendant’s release and future court appearances.

Indictment

A formal criminal charging document issued by a grand jury after finding probable cause to accuse the defendant.

Information

A criminal charging document filed by a prosecutor without a grand jury indictment.

Plea Agreement

An agreement in which a criminal defendant pleads guilty under negotiated terms with the government.

Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.