Criminal Law
HAY-bee-us KOR-pus

Habeas Corpus

Definition

Habeas corpus ("you shall have the body") is a legal procedure through which a prisoner can challenge the legality of their detention. It is enshrined in Article I, Section 9 of the Constitution, which limits Congress's power to suspend the writ. Federal habeas corpus review under 28 U.S.C. Section 2254 allows state prisoners to challenge their convictions in federal court on the grounds that their detention violates the Constitution. AEDPA (1996) significantly restricted the scope of federal habeas review.

Example

A state prisoner files a federal habeas corpus petition arguing that their conviction was obtained using a coerced confession in violation of the Fifth Amendment.

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