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In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law.A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into ...
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
[10] [11] [7] Writing separately Justice Felix Frankfurter said that "state adjudication of questions of law cannot, under the habeas corpus statute, be accepted as binding." [ 12 ] He said the enforcement of federal constitutional rights was determined by the Habeas Corpus Act of 1867 : "It is for this Court to give fair effect to the habeas ...
The Habeas Corpus Suspension Act, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners.
The Oklahoma City bombing had presented the Republican-controlled Congress an opportunity to push through federal habeas corpus reform. [9] Within days of the AEDPA being introduced, there were disagreements between Republican and Democratic leadership over combining federal habeas corpus reform with the anti-terrorism law. [10]
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. No Bill of attainder or Ex post facto law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
Passed February 5, 1867, the Act amended the Judiciary Act of 1789 to grant the courts the power to issue writs of habeas corpus "in all cases where any person may be restrained of their liberty in violation of the constitution, or any treaty or law of the United States."
This category is for articles about court cases that interpret the statutes and procedures that govern habeas corpus petitions in the United States.Cases in which habeas was merely the process by which the case reached the court, but which did not include a substantive discussion of habeas corpus itself, should not be included.