Habeas corpus is a legal action where a person challenges the basis for their confinement. It's used by a person who is held in custody by a governmental authority. Habeas corpus is like a demand that the government show a valid reason for detaining the person.

In general, the law of habeas corpus involves a balancing of two competing principles:

  • The petitioner's interest in getting relief from constitutional violations
  • The state's interest in the finality of a court decision

Writ of Habeas Corpus

A writ of habeas corpus is an order from a court to a prison official. It requires a prisoner be brought to the court so it can be determined whether or not the prisoner is being lawfully imprisoned or if he should be released from custody. The right of writs of habeas corpus are granted in the US Constitution (Article I, Section 9, clause 2).

Generally it's a prisoner who files a writ of habeas corpus. The writ is used as a protection against illegal imprisonment. After an inmate files a writ of habeas corpus, he is brought before a judge or court to determine whether or not he is lawfully imprisoned or whether he should be released from prison. The person seeking relief must prove that the court which ordered his detention or imprisonment made an error.

Habeas corpus relief may be used to get custody of a child. It may also be used to gain the release of a detained person who is insane, is a drug addict or has an infectious disease. In addition, a party may file a habeas corpus petition if a judge declares her in contempt of court and jails or threatens to jail her.

Limitations to Rights of Writs of Habeas Corpus

A federal court won't undertake the review of the constitutional claims raised in a habeas corpus petition unless one of the following is true:

  • The person is under the custody or the authority of the US
  • The person is committed to stand trial before any US court
  • The person is in custody for an act done or omitted in pursuance of an act of Congress
  • The person is in custody in violation of the Constitution or laws or treaties of the US
  • The person is a citizen of a foreign state and is in custody for an act done or omitted under a foreign state, the validity and effect of which depend upon the law of nations
  • It is necessary to bring the person into court to testify or for trial

Suspension of Habeas Corpus Process

The habeas corpus process may be suspended in case of war, invasion and national emergencies.

Initiating a Habeas Corpus Petition

A writ of habeas corpus is authorized by law in federal courts and in all state courts. The habeas corpus process begins when the person who objects to their own or another's detention or imprisonment files a petition with the court. The petition must show that the court ordering the detention or imprisonment made an error.

The petitioner must meet certain pleading requirements in the petition. The petition must give specific facts which entitle him to habeas corpus relief. Conclusory allegations are insufficient. A court must be able to determine from the pleading and supporting briefs if the petition merits further review or if the petition should be dismissed.

Hearing

In federal courts, as well as in most states, the petitioner gets a chance to present a short argument in a hearing before the court. Also, he may receive an evidentiary hearing to establish evidence for the petition.

Adequate State Law Ground

In a habeas corpus proceeding, a federal court generally won't review a question of federal law decided by a state court if the decision of that court rests on a state law ground that is independent of the federal question and supports the judgment.

Burden of Proof

The burden is initially on petitioner to prove that he is being held in violation of a constitutional right. If the petitioner can meet his burden with sufficient evidence, the burden then shifts to the government to justify the imprisonment. The prisoner may be released if the government can't justify imprisonment.

Questions for Your Attorney

  • Can anyone other than a prisoner file a writ of habeas corpus?
  • How can the petitioner show that the court ordering imprisonment made an error?
  • Does the right to wits of habeas corpus apply during war time?