habeas corpus
noun
Did you know?
The literal meaning of habeas corpus is "you should have the body"—that is, the judge or court should (and must) have any person who is being detained brought forward so that the legality of that person's detention can be assessed. In United States law, habeas corpus ad subjiciendum (the full name of what habeas corpus typically refers to) is also called "the Great Writ," and it is not about a person's guilt or innocence, but about whether custody of that person is lawful under the U.S. Constitution. Common grounds for relief under habeas corpus—"relief" in this case being a release from custody—include a conviction based on illegally obtained evidence; a denial of effective assistance of counsel; or a conviction by a jury that was improperly selected and impaneled.
Did you know?
The literal meaning of habeas corpus is "You shall have the body"—that is, the judge must have the person charged with a crime brought into the courtroom to hear what he's been charged with. Through much of human history, and in many countries still today, a person may be imprisoned on the orders of someone in the government and kept behind bars for years without ever getting a chance to defend himself, or even knowing what he's done wrong. In England, the right to be brought before a judge to hear the charges and answer them was written into law over 300 years ago, and the U.S. adopted the British practice in its Constitution.
Examples of habeas corpus in a Sentence
Karissa Waddick, USA TODAY, 22 Feb. 2025
Erik and Lyle Menendez filed the habeas corpus petition in 2023 for a review of new evidence not presented at trial.
—Emily Shapiro, ABC News, 21 Feb. 2025
The brothers’ attorneys filed a habeas corpus petition in 2023 arguing that new evidence had come to light warranting a new trial.
—Gene Maddaus, Variety, 21 Feb. 2025
Some superfans also hoped that the brothers could be released as soon as Thanksgiving after filing a habeas corpus petition in May of last year with a hearing scheduled for Nov. 26, but their resentencing hearing is set for December 11.
—Jasmine Baehr, Fox News, 17 Nov. 2024
See All Example Sentences for habeas corpus
Cite this Entry
“Habeas corpus.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/habeas%20corpus. Accessed 27 Feb. 2025.
Copy CitationKids Definition
habeas corpus
noun
derived from the Latin phrase, meaning literally "you should have the body," used as the opening words of a legal order to jailers to bring the prisoner to court
Legal Definition
habeas corpus
noun
U.S. Constitution art. I 
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New Latin, literally, you should have the body for submitting called also the Great Writ
Note: Habeas corpus ad subjiciendum is an extraordinary remedy, and is by far the most frequently used writ of habeas corpus. It is an independent civil action and a form of collateral attack to determine not the guilt or innocence of the person held in custody, but whether the custody is unlawful under the U.S. Constitution. Common grounds for relief under the writ include a conviction based on illegally obtained evidence, a denial of effective assistance of counsel, or a conviction by a jury that was improperly selected and impaneled. The degree of restraint on a person's liberty that is necessary to constitute custody entitling a person to habeas corpus relief is not viewed uniformly by the courts. Use of the writ is not limited to criminal matters. It is also available in civil matters, as, for example, to challenge a person's custody of a child or the institutionalization of a person declared incompetent.
called also habeas corpus ad faciendum et recipiendum
Medieval Latin, literally, you should have the body (the opening words of the writ)
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