Habeas corpus
In the common law legal system, habeas corpus, Latin for "you must have the body" or more liberally "produce the body", is a prerogative writ requiring the government to produce in court a person in its custody and justify his or her confinement. Known as the "Great Writ," the purpose of the writ is to provide for challenges to the legality of confinement. It is commonly used not only in criminal cases, but in any case where someone is in the custody of the government. Thus it is also seen in cases of involuntary commitments to mental institutions and detentions of aliens awaiting deportation. In some states, it is also used to challenge the denial of child custody or visitation, as the child is deemed to be in the custody of the government.
The institutions of habeas corpus and the ombudsman have been incorporated in several countries that don't follow the common law system. It is seen as a fundamental protector of liberty, as a guarantee against torture, and against arbitrary confinements. In some countries, habeas corpus has been suspended or delayed for suspected terrorists.
Habeas Corpus is also a play, a satirical, farcical black comedy by Alan Bennett. It details the story of a hedonistic family and the results of their dalliances.
The origins of habeas corpus in England
Blackstone cites the first recorded usage of habeas corpus in 1305, under King Edward I of England.
The principles of habeas corpus were put into an Act of Parliament in the Habeas Corpus Act 1679. [...to be expanded...]
Habeas corpus in the United States
This procedure, part of English common law, was considered important enough to be specifically mentioned in the U.S. Constitution, which says, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." (Article One, section nine)
The most common American use of habeas corpus today is as part of the appeals process after conviction. Decisions by the Rehnquist Supreme Court have limited its use, especially in capital cases.
Suspension of habeas corpus during the American Civil War
Habeas corpus was suspended on April 27, 1861 during the American Civil War by President Lincoln in parts of midwestern states, including southern Indiana. He did so in response to demands by generals to set up military courts to rein in "Copperheads" or Peace Democrats, and those in the Union who supported the Confederate cause. His action was challenged in court and overturned by the US Circuit Court in Maryland (led by Supreme Court Chief Justice Roger B. Taney) in Ex Parte Merryman, 17 F. Cas. 144 (C.C.D. Md. 1861). Lincoln ignored Taney's order.
In 1864, Lambdin Milligan and four others were accused of planning to steal Union weapons and invade Union prisoner-of-war camps and were sentenced to hang by a military court. However, their execution was not set until May 1865, so they were able to argue the case after the Civil War. It was decided in the Supreme Court case Ex Parte Milligan 71 US 2 1866 that the suspension was unconstitutional because civilian courts were still operating, and the Constitution (according to the Court) provided for suspension of habeas corpus only if these courts are actually forced closed. This was one of the key Supreme Court Cases of the American Civil War, which dealt primarily with wartime civil liberties and martial law.
Civil War-era habeas corpus decisions have attracted renewed scrutiny since the beginning of the War on Terror, in light of the Bush Administration's assertion of presidential authority to designate even U.S. citizens as enemy unlawful combatants and hold them indefinitely, without criminal charges or access to counsel.