writ of Habeas Corpus

The evidence presented in the court was so overwhelming that the judge had no choice but to send Kevin to prison for three months. But, Emma, Kevin’s wife, was so sure about the innocence of her husband that she decided to file a habeas corpus petition in the court. The prisons in the country are already overcrowded with dangerous criminals who are serving years of imprisonment for serious crimes, and Emma was of the opinion that the state would be better served with a serious criminal behind the bars, rather than Kevin.

Although hardly a touching story, the above snippet throws light on an important part of our legal system: habeas corpus. The writ of habeas corpus definition is given below, and it should remove all the confusion surrounding the habeas corpus petition, and the writ of habeas corpus. The court, in the case of Kevin, obviously thought the world would be a better place to live in with Kevin behind the bars, but as clearly demonstrated above, there are ways with the help of which even convicted criminals are able to get out of prison. However, getting out is not that easy.

Habeas corpus petition

If you feel that a person is incarcerated without sufficient reasons, then you can file a habeas corpus petition in a court of law. The main purpose of the habeas corpus petition is to give a chance to those who are wrongly incarcerated, to get themselves released.

The writ of habeas corpus definition

     Habeas Corpus law

Not to be confused with the habeas corpus petition, the writ of habeas corpus is a court order that demands the transport of a prisoner to the court room, so that the court can determine whether to release that person or not.

Petitions in the court

Once the habeas corpus petition is filed in the court, the court needs to be convinced that the person was incarcerated based on factually incorrect evidence, or a legal error. If the court feels that, the petition has some basis that supports it, then the prisoner may be released from custody.

Not everyone can file a habeas corpus petition in a court of law. It needs to be noted that, the habeas corpus petition is usually filed by those who have spent a considerable amount of time in jail.