/HAY-bee-uhs KOR-puhs ad sub-JISH-ee-EN-dum/·Latin maxim
Also known as:writ of habeas corpus
Written by attorneys · grounded in primary & secondary sources — see below
A writ employed to bring a person before a court to test the legality of the person's detention or imprisonment. The writ examines the legal authority for custody.
Sources & Authorities
How it applies
Common Examples
6
Detainee Challenges Statutory Bar
Naveen a software engineer seized at an offshore data center is held for years at a remote U.S. military base without access to any court. A federal statute bars all habeas petitions and channels review only to an internal Defense Department board that permits no live testimony or exculpatory evidence and cannot order release. Naveen files a petition for habeas corpus ad subjiciendum in federal district court to test whether the statute unconstitutionally suspends the writ.
Murder Convict Seeks Collateral Review
David Washington pleads guilty to capital murder and receives a death sentence after a sentencing hearing. He later claims his counsel provided ineffective assistance and files a petition for habeas corpus ad subjiciendum in federal district court to challenge the validity of his conviction and sentence.
Select any source to read its text and confirm it supports the definition.
Statutes
Model Codes
Dictionaries
Mullaney v. Wilbur421 U.S. 684, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975)
State Prisoner Asserts Fifth Amendment Claim
A witness refuses to answer questions before a state grand jury invoking the Fifth Amendment and is held in contempt. He files a petition for habeas corpus ad subjiciendum in federal court to test whether the state compulsion violates his federal privilege against self-incrimination.
Malloy v. Hogan378 U.S. 1 (1964)
Enemy Combatant Tests Detention Authority
An American citizen captured abroad during hostilities is designated an enemy combatant and held indefinitely at a naval brig without charges or counsel. He files a petition for habeas corpus ad subjiciendum to require the government to justify the legal basis for his continued detention.
Hamdi v. Rumsfeld542 U.S. 507, 124 S. Ct. 2633, 159 L. Ed. 2d 578 (2004)
Death Row Inmate Alleges Ineffective Counsel
A defendant sentenced to death after a guilty plea claims his lawyer failed to investigate mitigating evidence. He files a petition for habeas corpus ad subjiciendum in federal court seeking relief on the ground that counsel's performance fell below constitutional standards and prejudiced the outcome.
Strickland v. Washington466 U.S. 668 (1984)
Military Commission Detainee Challenges Jurisdiction
A foreign national detained at Guantanamo is tried by a military commission for offenses allegedly committed abroad. He files a petition for habeas corpus ad subjiciendum arguing that the commission lacks lawful authority and that the statutory bar on federal review is unconstitutional.
Hamdan v. Rumsfeld548 U.S. 557 (2006)
Common questions
Frequently Asked
4
What does the writ of habeas corpus ad subjiciendum test?+
The writ tests whether the legal authority under which a person is detained is valid. It permits a court to examine the factual and legal basis for custody and to order release if the detention is unlawful.
When may Congress suspend the writ under Article I Section 9?+
Congress may suspend the writ only in cases of rebellion or invasion when the public safety requires it. A statute that categorically bars habeas review without providing a meaningful substitute violates the Suspension Clause.
What makes a substitute procedure constitutionally inadequate?+
A substitute is inadequate if it denies the detainee the opportunity to contest the factual basis for detention to present newly discovered exculpatory evidence or to obtain an order of release. Internal executive boards that permit only paper review and lack authority to release the prisoner fail this standard.
Does the writ extend to noncitizens held outside formal U.S. territory?+
The writ may reach noncitizens held at locations under effective U.S. control when practical obstacles to review are not insurmountable. Courts apply a functional test focusing on the degree of U.S. authority over the site rather than formal sovereignty labels.
369 U.S. 186, 211Constitutional Law
…maintained in his dissent. Id. , at 59 et seq. Today we would ask with him: ". . . who could hold for a moment, when the writ of habeas corpus cannot be suspended by the legislature itself, either in the general government or most of the States, without an express constitutional permission, that all other writs and laws could be…