Writ of Habeas Corpus

Fundamental Cases on the Fourth Amendment by Adam J. McKee

The writ of habeas corpus is a command from the court ordering the warden (or other person holding a person in custody) to produce the prisoner and explain why he or she is being detained.  This ancient and honorable writ is enshrined in Article 1, Section 9 of the Constitution of the United States.  Such writs are of critical importance in the United States because prisoners often use them to attack prison sentences in federal court.  The rule is that the writ must be filed in a court with jurisdiction over the person doing the holding.


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Last Modified: 07/30/2018

 

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