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Habeas Corpus

Learn about the federal writ of habeas corpus including its origins, requirements, limitations, and evolving jurisprudence.


I.          Introduction 

If a prisoner believes that she’s being unlawfully detained, she may sue the person or entity detaining her. If a judge finds that the prisoner is being unlawfully detained, the judge will issue a writ of habeas corpus ordering the prisoner’s release. 

The writ of habeas corpus is largely used to challenge detention by:

·      federal authorities, primarily executive officials, and