habeas corpus

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Related to Great writ: Habeas petition

habeas corpus

[hā′bē·əs kôr′pəs]
Etymology: L, you have the body
a right retained by all psychiatric patients that provides for the release of individuals who claim they are being deprived of their liberty and detained illegally. A hearing for this determination takes place in a court of law, where the patient's sanity may be at issue.
References in periodicals archive ?
For hundreds of years, scholars have argued on multiple sides about what the Great Writ has "always meant," what its limits "always were," and how its more technical elements should clearly be interpreted in light of real-world circumstances, statutes, and court decisions going back centuries.
That the history of the Great Writ is far from a clean linear progression toward an effective remedy against tyrannical imprisonment is clear.
Constructing such a narrow case is fine fodder for skilled criminal defense attorneys, and we should certainly not disparage them for their attempts to do what is necessary for their clients, but it would be a sad fate for the Great Writ if its last chapter were simply the tale of a writ reduced to technicalities and loopholes.
We have the Great Writ because we didn't trust the executive branch when we founded this government.
Criminal defendants who were deprived of their constitutional rights in state courts could not turn to the Great Writ for relief, because it was not available to a person who was detained under a facially valid criminal conviction.
1293, 1299 (1996) ("Dismissal of a first federal habeas petition is a particularly serious matter, for that dismissal denies the petitioner the protections of the Great Writ entirely, risking injury to an important interest in human liberty.