Habeas corpus Definition & Meaning - Merriam-Webster 16/12/21, 11:03 AM

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habeas corpus
noun
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ha·be·as cor·pus | \ ˈhā-bē-əs-ˈkȯr-pəs \

Essential Meaning of habeas corpus

law : an order to bring a jailed person before a judge or court to find out if that person should really be in jail
apply for a writ of habeas corpus

Full Definition of habeas corpus

1 : any of several common-law writs issued to bring a party before a court or judge especially : habeas
corpus ad subjiciendum
2 : the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment
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Did you know? Example Sentences Learn More About habeas corpus

Did you know?

The literal meaning of habeas corpus is "You shall have the body"—that is, the judge must have the person
charged with a crime brought into the courtroom to hear what he's been charged with. Through much of
human history, and in many countries still today, a person may be imprisoned on the orders of someone in
the government and kept behind bars for years without ever getting a chance to defend himself, or even
knowing what he's done wrong. In England, the right to be brought before a judge to hear the charges and
answer them was written into law over 300 years ago, and the U.S. adopted the British practice in its
Constitution.

Examples of habeas corpus in a Sentence

apply for a writ of habeas corpus
Recent Examples on the Web The US Supreme Court ruled in 2008 that detainees at the Guantanamo prison
did have the right to habeas corpus, but several habeas challenges to detentions at the facility have failed in
the past decade, Plochocki said. — Ellie Kaufman, CNN, 21 Oct. 2021 The prisoner, Abu Zubaydah, who
has never been charged with a crime, has been waiting 14 years for a federal judge to rule on his habeas
corpus petition that challenges the legality of his detention. — Raymond Bonner, ProPublica, 6 Oct. 2021

These example sentences are selected automatically from various online news sources to reflect current
usage of the word 'habeas corpus.' Views expressed in the examples do not represent the opinion of
Merriam-Webster or its editors. Send us feedback.

See More

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First Known Use of habeas corpus

15th century, in the meaning defined at sense 1

History and Etymology for habeas corpus

Middle English, from Medieval Latin, literally, you should have the body (the opening words of the writ)

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Dictionary Entries Near habeas corpus

habdalah

habeas corpus

habeas corpus ad subjiciendum

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Statistics for habeas corpus

Last Updated

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Cite this Entry

“Habeas corpus.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-

webster.com/dictionary/habeas%20corpus. Accessed 13 Dec. 2021.

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More Definitions for habeas corpus

habeas corpus

noun
habeas cor·pus | \ -ˈkȯr-pəs, -ˌpu̇ s \

Legal Definition of habeas corpus

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: any of several writs originating at common law that are issued to bring a party before the court especially :
habeas corpus ad subjiciendum in this entry 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 — U.S.
Constitution art. I
— habeas corpus ad faciendum et recipiendum \ -ˌad-ˌfa-sē-ˈen-dəm-et-ri-ˌsi-pē-ˈen-dəm, -ˌfa-shē-ˈen-; -
ˌäd-ˌfä-kē-ˈen-du̇ m-et-rā-ˌkē-pē-ˈen-du̇ m \ New Latin, literally, you should have the body for doing and
receiving
: habeas corpus cum causa in this entry
— habeas corpus ad prosequendum \ -ˌad-ˌprä-si-ˈkwen-dəm, -ˌäd-ˌprō-sā-ˈkwen-du̇ m \ New Latin, literally,
you should have the body for prosecuting
: a writ for removing a prisoner for trial in the jurisdiction of the issuing court where the prisoner committed
a crime
— habeas corpus ad subjiciendum \ -ˌad-səb-ˌji-sē-ˈen-dəm, -ˌji-shē-; -ˌäd-su̇ b-ˌyi-kē-ˈen-du̇ m \ New
Latin, literally, you should have the body for submitting
: an extraordinary writ issued upon a petition challenging the lawfulness of restraining a person who is
imprisoned or otherwise in another's custody

— called also the Great Writ

Note: Habeas corpus ad subjiciendum is an extraordinary remedy, and is by far the most frequently used writ
of habeas corpus. It is an independent civil action and a form of collateral attack to determine not the guilt or
innocence of the person held in custody, but whether the custody is unlawful under the U.S. Constitution.
Common grounds for relief under the writ include a conviction based on illegally obtained evidence, a denial
of effective assistance of counsel, or a conviction by a jury that was improperly selected and impaneled. The
degree of restraint on a person's liberty that is necessary to constitute custody entitling a person to habeas
corpus relief is not viewed uniformly by the courts. Use of the writ is not limited to criminal matters. It is
also available in civil matters, as, for example, to challenge a person's custody of a child or the
institutionalization of a person declared incompetent.

— habeas corpus ad testificandum \ -ˌad-ˌtes-ti-fi-ˈkan-dəm, -ˌäd-ˌtes-tē-fē-ˈkän-du̇ m \ New Latin, literally,

you should have the body for testifying
: a writ for bringing a person into a court as a witness
— habeas corpus cum causa \ -ˌkəm-ˈkȯ-zə, -ˌku̇ m-ˈkau̇ -sä \ New Latin, literally, you should have the body
with the cause
: a writ issued from a superior court to an inferior court requiring that a defendant be produced along with
the cause for which the defendant has been taken and held

— called also habeas corpus ad faciendum et recipiendum

History and Etymology for habeas corpus

Medieval Latin, literally, you should have the body (the opening words of the writ)

More from Merriam-Webster on habeas corpus

Nglish: Translation of habeas corpus for Spanish Speakers

Britannica.com: Encyclopedia article about habeas corpus

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