All About the Writ of Habeas Corpus

Habeas Corpus is a legal action, otherwise known as a writ, in which a someone can seek relief from the illegal imprisonment of himself, herself or another person. Also known as "the Great Writ," Habeas Corpus has long been an important instrument for protecting an individual's relaxation against state action.

In the United States, the Constitution specifically outlines the writ of Habeas Corpus in the Suspension Clause of article one, section nine. It is stated that the "privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion of the public security may require it." Habeas corpus petitions are regularly argued as ex parte cases, where a judge decides the matter, with or without all affected parties gift before the court.

The idea of relaxation from illegal imprisonment began in 1305 in England, under the reign of King Edward I. It was officially codified by the Habeas Corpus Act of 1679, which remains an important piece of legislature that many contemporary court cases still reference. This Act, along with the body of British obligation of the writ, formed the foundation for the inclusion of the writ in the United States Constitution.

Although this religious doctrine has been in place for centuries, there have been new incidents of suspension in the United States. In 1861, President Lincoln suspended the writ in Maryland and parts of Midwestern states in response to riots, local militia, and the threat of Maryland seceding. In the beginning years of the 1870's, President Grant restricted Habeas Corpus in nine counties in South Carolina, in conjunction with the federal activities against the Ku Klux Klan.

More new suspensions comprise the 2006 approval of the soldiery Commissions Act (Mca). Under this bill, any "unlawful enemy combatant engaged in hostilities or having supported hostilities against the United States" would not be eligible to file for the writ. Additionally, no time limit is set for the hearing or trials of an enemy combatant, so the Mca theoretically allows for indefinite detention without any possible for appeal for those who militarily cross the United States.

Statistically, in 2004, 19,000 non-capital federal habeas corpus petitions were filed. About 60 cases concerning this writ are filed with the United States supreme Court each year. About 21% of all habeas corpus hearings involve life imprisonment inmates. If you are curious in learning more about the possible negative outcomes of illegal imprisonment, this website concerning wrongful death can contribute helpful information.

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