What Is Habeas Corpus?

On the first day of class, teachers of introductory level Latin classes often ask the students why they chose to study Latin, given that it is no one’s native language, and people alive today who can converse in Latin are few.  Almost any conversation that two Latin speakers might have could be more easily accomplished in another language they have in common.  In almost every class, at least a few students will say that they plan to apply to law school in the future, and studying Latin will help them understand legal terminology.  It is true that the legal profession in the United States uses many Latin phrases as technical terms, but knowing the meanings of the Latin words only gets you part of the way toward understanding how the legal concepts work.  Some of them are straightforward enough.  For example, pendente lite means, “while the legal case is pending,” which makes sense if you know that pendente lite alimony only lasts until a divorce case becomes final, and it especially makes sense if you know that the phrase is an example of the ablative absolute.  The phrase “habeas corpus” resists your efforts to analyze it.  Yes, it means, “may you have the body,” and you can spot that subjunctive verb from miles away, but what does it mean to have the body?  Here, our Miami criminal defense lawyer explains the legal concept of habeas corpus and how it might apply in your criminal case.

The Legal Concept of Habeas Corpus Is Older Than the United States

The first mention of the phrase “habeas corpus” in a document issued in an English-speaking country was in the Magna Carta, written by King John of England in 1215.  One of the provisions of the Magna Carta was habeas corpus, meaning that people had the right to the possession of their own bodies, in the sense that the king could not imprison or detain people without due process of law.  By the time the U.S. Constitution was written, the idea of absolute monarchy in England was long gone, but the concept of limiting the state’s power to imprison or detain people without due process of law remains.  The Constitution and its amendments further outline what due process entails, and case law has interpreted these provisions in detail.

How Does Habeas Corpus Work, and What Does It Accomplish?

You always have the right to due process before the state detains you or a criminal court convicts you and hands down a sentence.  If the state violates this right by unfairly detaining you, you can file for a writ of habeas corpus.  To get a writ of habeas corpus, you must file the action in a federal civil court, effectively asking it to interfere in the affairs of the state or federal criminal court that has been handling your case.  The federal civil court will review your case to determine whether the court has violated your rights.  If appropriate, it will order your release.

Habeas Corpus in Criminal Cases and Beyond

In criminal cases, requesting a writ of habeas corpus is often a measure of last resort.  You have other legal remedies available to you which can achieve the desired result, namely securing your freedom after an unlawful detention or excessive prison sentence, more quickly and at a lower cost, assuming that you are paying for legal representation in your criminal case instead of being represented by a criminal defense lawyer.  For example, if the court has unfairly denied you bail or set your bail amount too high, you can resolve this with the criminal court at your bail hearing.  Likewise, if you were unfairly convicted or the state misrepresented its case against you such that you reached the decision that pleading guilty was the only feasible option, you can appeal your conviction.  You can also appeal your sentence if you believe that the guilty verdict or guilty plea was fair but the sentence was excessive.  Making your case for parole is another way to secure your release without resorting to a writ of habeas corpus.

Writs of habeas corpus have applications beyond the criminal courts.  They often apply in immigration cases where immigrants are unfairly detained while their deportation cases play out in court.  People detained outside the U.S. by military courts also have recourse to writs of habeas corpus.

Contact Our Criminal Defense Attorneys

A South Florida criminal defense lawyer can help you if you are being unfairly detained while facing criminal charges.  Contact Ratzan & Faccidomo in Miami, Florida for a confidential consultation about your case.

Source:

law.cornell.edu/wex/habeas_corpus#:~:text=A%20writ%20of%20habeas%20corpus,holds%20the%20defendant%20in%20custody.