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habeas corpus
(redirected from Habeas petition)

    Also found in: Legal, Encyclopedia, Wikipedia 0.03 sec.

habeas corpus

In law, a writ directed to someone who has custody of a person, ordering him or her to bring the person before the court issuing the writ and to justify why the person is detained in custody.

Traditional rights to habeas corpus were embodied in law mainly caused by Lord Shaftesbury, in the English Habeas Corpus Act 1679. The main principles were adopted in the US Constitution.
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? Mentioned in ? References in periodicals archive
 
Meanwhile, habeas petitions have provided one of the few effective means of piercing the veil of secrecy surrounding Guantanamo.
Protect habeas corpus by The Register-Guard (Eugene, OR)
A federal prisoner field a habeas petition challenging the Bureau of Prisons (BOP) policy that precluded his placement in a community corrections center, as recommended by the sentencing court.
U.S. v. Paige by Corrections Caselaw Quarterly
The Supreme Court, in a 5-4 decision, with the majority opinion written by Scalia, concluded that the New York court lacked jurisdiction to hear Padilla's case because a person must bring a habeas petition where he or she is being detained, against the person immediately responsible for the detention.
Three decisions, one big victory for civil rights by Chemerinsky, Erwin / Trial
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