A fundamental principle in the American legal system, this term refers to a court order demanding that a law enforcement official present a prisoner in court and justify the prisoner’s detention. It is a legal action challenging the legality of someone’s confinement. For example, an individual held without being formally charged with a crime can petition the court for such a writ to determine if their detention is lawful. If the court finds the detention unlawful, the individual must be released.
This safeguard is vital for protecting individual liberty against arbitrary government action. Historically, it originated in English common law and was enshrined in the U.S. Constitution to prevent unlawful imprisonment. It represents a critical check on executive power, ensuring that the government cannot detain individuals indefinitely without due process. Its presence ensures a baseline level of accountability and transparency in the justice system.