Habeas Corpus: Proving a Prisoner Has Been Unlawfully Detained in Jail

One of the most frequently used legal terms on law and detective television shows is habeas corpus, which is Latin for "you have the body". Obviously, this literal translation doesn't explain much about the legal definition, and few people understand the purpose of habeas corpus. However, many prisoners have used this concept to prove that they have been unlawfully detained in jail, and subsequently been released.

A petition for habeas corpus is usually filed with the courts by a criminal defendant or his legal counsel, and always when the defendant is still in jail. The purpose is to secure the release of the defendant based on unlawful detainment, which can arise from a variety of circumstances. Perhaps the defense wants to argue that bail was set at too high an amount for the circumstances, or maybe the defense believes that the prosecution has insufficient evidence to hold the defendant.

Of course, there are other purposes for habeas corpus. It has been used in cases in the past to force one jurisdiction to produce a prisoner for the benefit of another. For example, if the authorities in Harris County, Texas have imprisoned a man for failing to pay his child support, Fort Bend County could submit a petition of habeas corpus to produce the prisoner to testify in another trial. In most cases, this happens because the jurisdictions will not work together.

For the most part, however, and for the purposes of this article, we'll assume that the prisoner believes that he or she has been unlawfully detained in jail. Just because a prisoner believes as much, however, does not mean it is so, and few petitions are granted on these grounds. Judges are usually more than willing to uphold the ruling of their colleagues in matters of criminal justice, and significant proof must be provided.