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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. ' that you have the body ') [1] is a recourse in law by which a report can be made to a court in the events of unlawful detention or imprisonment, requesting that the court order the person's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful.
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.
Laws applied. U.S. Const., Habeas Corpus Suspension Act 1863. Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866), is a landmark decision of the U.S. Supreme Court that ruled that the use of military tribunals to try civilians when civil courts are operating is unconstitutional.
A writ of habeas corpus can be granted if a state court decision "resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States[.]" [11] Considering the application of Miranda to Fields' situation, the Court said: [1]
A writ of habeas corpus is a legal action against unlawful detainment that commands a law enforcement agency or other body that has a person in custody to have a court inquire into the legality of the detention. The court may order the person released if the reason for detention is deemed insufficient or unjustifiable.
The Supreme Court of the United States is the highest court in the federal judiciary of the United States. The procedures of the Court are governed by the U.S. Constitution, various federal statutes, and its own internal rules. Since 1869, the Court has consisted of one chief justice and eight associate justices.
Boumediene v. Bush, 553 U.S. 723 (2008), was a writ of habeas corpus petition made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba. [1][2][3][4][5] The case underscored the ...