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Definition:
Habeas Corpus is a Latin term which means "you should have the body," and is a
legal principle which requires that the government must present an accused and
arrested person before an impartial judge in order to prove that there exists just
cause to hold that person against his or her will.
Without the Writ of Habeas Corpus (traditionally called the "Great Writ"), a government could hold a person in jail for any length of time without having to prove that there is any good reason for doing so. Thus, if you are being held by the government, you can request a writ of habeas corpus and, if a court issues it, then the government must bring you to that court and demonstrate that they have arrested you for a compelling reason. If they cannot, then they must set you free.
The principle of habeas corpus also refers to the power of federal courts to review the legal decisions made by lower state courts. Thus, if you think that you have been unjustly convicted in a state court, then you can appeal to a federal court. If your appeal is approved, the federal court can issue a writ, requiring that government officials bring you before it so that your case can be reviewed. This oversight authority has been restricted in recent years, in particular with regards to death penalty convictions. The ability to request a hearing before a federal court means that it takes longer for a death sentence to be carried out, and about 40% of capital convictions are overturned on federal review. Supporters of the death penalty find this unacceptable and have successfully lobbied for less federal oversight.
It should be noted that a person's right to a writ of habeas corpus was the only one considered important enough to be included in the original text of the Constitution.
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