What Does Habeas Corpus Mean?


“In its essence, habeas corpus protects any person, whether citizen or not, from being illegally confinedHabeas corpus is Latin for “you shall have the body” and requires a judge literally to have the body of any incarcerated person brought physically forward so that the legality of their detention may be assessed.” Quote from Source: Habeas Corpus.

Habeas Corpus is the Latin term for “you shall have the body”.  You can find more specifics of the meaning as it relates to governing by Congress, in Article l of the constitution. 

In Article I, Section 9, Clause 2 of the United States Constitution you will find these words:

 “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.”

Before Habeas Corpus was mentioned in the Constitution, we have the Magna Carta; a document issued, sealed though not signed, on June 15, 1215 by England’s King John; a final version of the Magna Carta was accepted on June 19. It is the first written example of a powerful principle, that reads a king cannot be above the law. 

Sources: Habeas Corpus. Magna Carta