habeas corpus

noun

ha·​be·​as cor·​pus ˈhā-bē-əs-ˈkȯr-pəs How to pronounce habeas corpus (audio)
1
: any of several common-law writs issued to bring a party before a court or judge
2
: the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment

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

apply for a writ of habeas corpus
Recent Examples on the Web
These examples are automatically compiled from online sources to illustrate current usage. Opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback about these examples.
The second possible track for release is the habeas corpus petition filed last year for a review of new evidence not presented at trial. Emily Shapiro, ABC News, 30 Oct. 2024 An excerpt of the letter, which the defense said was written eight months before the murders, was included in the 2023 habeas corpus petition filed by the brothers' attorneys. Christopher Cann, USA TODAY, 25 Oct. 2024 The Menendez brothers’ habeas corpus petition, filed shortly after the docuseries released, cites Rosselló’s allegations. Jason Kravarik, CNN, 25 Oct. 2024 What To Watch For In addition to the new investigation from the Los Angeles District Attorney, Lyle and Erik, now 56 and 53, are awaiting a habeas corpus petition filed last year that asked for a new evidentiary hearing or for the Menendez brothers’ convictions to be vacated. Mary Whitfill Roeloffs, Forbes, 24 Oct. 2024 See all Example Sentences for habeas corpus 

Word History

Etymology

Middle English, from Medieval Latin, literally, you should have the body (the opening words of the writ)

First Known Use

15th century, in the meaning defined at sense 1

Time Traveler
The first known use of habeas corpus was in the 15th century

Podcast

Dictionary Entries Near habeas corpus

Cite this Entry

“Habeas corpus.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/habeas%20corpus. Accessed 5 Nov. 2024.

Kids Definition

habeas corpus

noun
ha·​be·​as cor·​pus ˌhā-bē-ə-ˈskȯr-pəs How to pronounce habeas corpus (audio)
1
: a legal order for an inquiry to determine whether a person has been lawfully imprisoned
2
: the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment
Etymology

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
habeas cor·​pus -ˈkȯr-pəs, -ˌpu̇s How to pronounce habeas corpus (audio)
: any of several writs originating at common law that are issued to bring a party before the court
especially : habeas corpus ad subjiciendum in this entry
the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it U.S. Constitution art. I
habeas corpus ad faciendum et recipiendum \ -​ˌad-​ˌfa-​sē-​ˈen-​dəm-​et-​ri-​ˌsi-​pē-​ˈen-​dəm, -​ˌfa-​shē-​ˈen-​; -​ˌäd-​ˌfä-​kē-​ˈen-​du̇m-​et-​rā-​ˌkē-​pē-​ˈen-​du̇m \ New Latin, literally, you should have the body for doing and receiving
: habeas corpus cum causa in this entry
habeas corpus ad prosequendum \ -​ˌad-​ˌprä-​si-​ˈkwen-​dəm, -​ˌäd-​ˌprō-​sā-​ˈkwen-​du̇m \ New Latin, literally, you should have the body for prosecuting
: a writ for removing a prisoner for trial in the jurisdiction of the issuing court where the prisoner committed a crime
habeas corpus ad subjiciendum \ -​ˌad-​səb-​ˌji-​sē-​ˈen-​dəm, -​ˌji-​shē-​; -​ˌäd-​su̇b-​ˌyi-​kē-​ˈen-​du̇m How to pronounce habeas corpus (audio) \ New Latin, literally, you should have the body for submitting
: an extraordinary writ issued upon a petition challenging the lawfulness of restraining a person who is imprisoned or otherwise in another's custody

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.

habeas corpus ad testificandum \ -​ˌad-​ˌtes-​ti-​fi-​ˈkan-​dəm, -​ˌäd-​ˌtes-​tē-​fē-​ˈkän-​du̇m \ New Latin, literally, you should have the body for testifying
: a writ for bringing a person into a court as a witness
habeas corpus cum causa \ -​ˌkəm-​ˈkȯ-​zə, -​ˌku̇m-​ˈkau̇-​sä \ New Latin, literally, you should have the body with the cause
: a writ issued from a superior court to an inferior court requiring that a defendant be produced along with the cause for which the defendant has been taken and held

called also habeas corpus ad faciendum et recipiendum

Etymology

Medieval Latin, literally, you should have the body (the opening words of the writ)

More from Merriam-Webster on habeas corpus

Last Updated: - Updated example sentences
Love words? Need even more definitions?

Subscribe to America's largest dictionary and get thousands more definitions and advanced search—ad free!