What is habeas corpus in criminal procedure?
Habeas corpus is a concept in criminal procedure that comes from Latin meaning "you have the body." It is a key legal protection which prevents the government from holding someone in custody without charging them with a crime or showing legal cause. In Maine, habeas corpus gives a person in custody the right to force the government to bring them before a judge. The judge will then determine whether the person is being held legally. If the government fails to provide adequate legal justification for detaining the person, the judge can order their release. Habeas corpus is an important protection against arbitrary detainment. It prevents the government from locking someone up for months or years without ever formally charging them with a crime. It also requires the government to tell the court why they are holding the person and allow the court to determine whether that justification is legal. Outside of criminal procedure, habeas corpus is also a fundamental protection enshrined in the United States Constitution and in many state constitutions as well. In Maine, habeas corpus is guaranteed by the Maine Constitution and the United States Supreme Court has affirmed the right of habeas corpus in several decisions. This means that a person cannot be held by the government without sufficient legal justification either inside or outside of the criminal context.
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