What is Habeas Corpus and Why Does it Matter?
The term "habeas corpus" has been in the news lately. As both a Latin and legal term, many people may be curious about its meaning. The direct translation from Latin is "you shall have the body." As a legal term, often used in a "Writ of Habeas Corpus," it is a request that someone being held in custody—whether by the police, a government agency, or even a private individual—be released from that custody.
The writ of habeas corpus is deeply rooted in both U.S. and English law, dating back centuries as a safeguard against abuse of power. Article I, Section 9, of the United States Constitution recognizes the right and states, "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."
My legal career, which spans approximately four decades, has involved me in two distinct types of cases in which I sought a Writ of Habeas Corpus. The circumstances might surprise someone unfamiliar with the law.
During my early years of private practice, I filed at least one Writ of Habeas Corpus against the State. Habeas corpus can be used to challenge a criminal conviction. In the case I recall, the individual had been convicted of several serious crimes and was sentenced to a lengthy prison term. He had exhausted his state and federal appeals, but I found some questionable irregularities when reviewing the trial transcripts. The writ is very limited in this type of case and is not just a second chance to argue guilt or innocence. Instead, my job was to identify any constitutional rights that were impaired in a manner that might have affected the outcome of a conviction. Typical grounds might include that someone was denied the right to a lawyer or that the state withheld exculpatory evidence. In my case, I recall that we asserted several issues, but did not prevail on any of them. Had I been able to prove that this client's rights were denied, it is possible that the conviction may have been overturned and a new trial awarded. This is relatively rare, but it provides one last opportunity for someone serving a long prison sentence to ensure their constitutional rights are preserved.
Even earlier in my career, I filed a habeas petition in several child custody disputes.
When one parent takes or keeps a child unlawfully, such as violating a custody agreement or refusing to return a child after a visit in violation of a court order, a lawyer may file a petition seeking a Writ of Habeas Corpus to have the child returned. I filed one petition when a parent had fled to Arizona, in violation of an order, and took the two-month-old breastfeeding infant outside of our jurisdiction. We required the interstate assistance of the government to have the child returned to our jurisdiction, to comply with the court’s order.
Habeas corpus may be sought when a person believes that someone has acted in a manner that impinges upon their freedom, particularly if they are being detained. Besides these circumstances, I'm familiar with habeas corpus being used in matters involving military tribunals, immigration, and even cases where someone is detained unlawfully by another citizen, such as someone caught trespassing.
My experience, as well as other forms of habeas corpus, remind us that personal liberty is a bedrock of our legal system that values individual freedom from an overreaching government. Whether invoked in the shadow of a prison cell or amid the heartache of a family dispute, it offers a legal avenue to challenge unlawful restraint. Perhaps the importance of the writ lies in its very existence—a guarantee that no one can be deprived of their freedom without an opportunity to be heard by a neutral, qualified tribunal bound by other legal precedent and norms. Habeas corpus remains a vital check, ensuring that justice has its day in court.