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''Habeas corpus'' (; Latin for "you () have the body") is a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. The Suspension Clause of the United States Constitution specifically included the English common law procedure in Article One, Section 9, clause 2, which demands that "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." United States law affords persons the right to petition the federal courts for a writ of habeas corpus. Habeas corpus petitions are generally filed as ''pro se'' cases, and the government (state or federal) is usually ordered by the court to respond. Individual states also afford persons the ability to petition their own state court systems for habeas corpus pursuant to their respective constitutions and laws when held or sentenced by state authorities. Federal habeas review did not extend to those in state custody until almost a century after the nation's founding. During the Civil War and Reconstruction, as later during the War on Terrorism, the right to petition for a writ of habeas corpus was substantially curtailed for persons accused of engaging in certain conduct. In reaction to the former, and to ensure state courts enforced federal law, a Reconstruction Act for the first time extended the right of federal court habeas review to those in the custody of state courts (prisons and jails), expanding the writ essentially to all imprisoned on American soil. The federal habeas statute that resulted, with substantial amendments, is now at . For many decades, the great majority of habeas petitions reviewed in federal court have been filed by those imprisoned in state prisons by state courts for state crimes (e.g., murder, rape, robbery, etc.), since in the American system, crime has historically been a matter of state law. The privilege of ''habeas corpus'' is not a right against unlawful arrest, but rather a right to be released from imprisonment after such arrest. If one believes the arrest is without legal merit and subsequently refuses to come willingly, he still may be guilty of resisting arrest, which can sometimes be a crime in and of itself (even if the initial arrest itself was illegal) depending on the state. ==Origin== Habeas corpus derives from the English common law where the first recorded usage was in 1305, in the reign of King Edward I of England. The procedure for the issuing of writs of ''habeas corpus'' was first codified by the Habeas Corpus Act 1679, following judicial rulings which had restricted the effectiveness of the writ. A previous act had been passed in 1640 to overturn a ruling that the command of the King was a sufficient answer to a petition of ''habeas corpus''. Winston Churchill, in his chapter on the English Common Law in ''The Birth of Britain,'' explains the process thus: The writ of ''habeas corpus'' was issued by a superior court in the name of the Monarch, and commanded the addressee (a lower court, sheriff, or private subject) to produce the prisoner before the Royal courts of law. Petitions for ''habeas corpus'' could be made by the prisoner himself or by a third party on his behalf, and as a result of the Habeas Corpus Acts could be made regardless of whether the court was in session, by presenting the petition to a judge. The 1678 Act remains important in 21st century cases. This Act and the historical body of British practice that relies upon it has been used to interpret the ''habeas'' rights granted by the United States Constitution, while taking into account the understanding of the writ held by the framers of the Constitution. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Habeas corpus in the United States」の詳細全文を読む スポンサード リンク
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