habeas corpus
noun
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Definition of habeas corpus
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Examples of habeas corpus in a Sentence
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The provision, part of Article 34, is a version of the habeas corpus rights rooted in centuries of Anglo-American law. — Peter Landers, WSJ, "Carlos Ghosn to Get First Public Hearing," 4 Jan. 2019 Connecticut’s habeas corpus process, designed to safeguard against unjust imprisonment, is overwhelmed and broken. — David Owens, courant.com, "Connecticut Courts Overwhelmed With Inmates' Petitions For Release," 11 May 2018 Lincoln had his own problems with the Supreme Court, ignoring its ruling the President had no authority to suspend habeas corpus, even in wartime. — Bill Mears, Fox News, "The 'forgotten' Supreme Court decision and its impact on our politics," 9 Sep. 2018 Extending habeas corpus: In 2008, Kennedy was the fifth vote that gave terrorism suspects being held at Guantanamo Bay the right to challenge their detention in civilian courts. — James Hohmann, Washington Post, "The Daily 202: Five times Anthony Kennedy was the fifth vote shows the significance of his retirement," 28 June 2018 That’s because in a habeas corpus case the issue is whether a trial judge did something that was within the range authorized by law — not whether the law required the death penalty. — Mark Tushnet, Vox, "Is it anti-Catholic to ask a Supreme Court nominee how her religion affects her decisions?," 5 July 2018 That move would render moot John Doe's habeas corpus petition challenging the right of the U.S. to continue holding him without charges. — NBC News, "U.S. plans to release detained American 'enemy combatant' in Syria," 7 June 2018 In 2010 a federal judge ordered Slahi's release through a petition of habeas corpus, declaring the Mauritanian unlawfully detained. — Carol Rosenberg, miamiherald, "A freed Guantánamo prisoner and his ex-guard meet again in remarkable Ramadan reunion," 11 June 2018 The plan was the latest twist in a habeas corpus case that has raised novel legal issues about the rights of individual Americans and the government’s wartime powers. — Charlie Savage, New York Times, "American ISIS Suspect Fights Plan to Release Him in Syria," 7 June 2018These 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.
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More Definitions for habeas corpus
habeas corpus
noun
English Language Learners Definition of habeas corpus
See the full definition for habeas corpus in the English Language Learners Dictionary
habeas corpus
noun
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Legal Definition of habeas corpus
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New Latin, literally, you should have the body for submitting — 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.
— called also habeas corpus ad faciendum et recipiendum
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