What is the scope of habeas corpus under the US Constitution?
Habeas corpus is a Latin term meaning “you may have the body.” It is a fundamental part of the United States Constitution, specifically Article I, Section 9. Under this section of the Constitution, no person shall be held in custody in violation of the law. This protection, known as the writ of habeas corpus, guarantees an individual’s right to challenge their detention in court and if found to be unjust, be released. In New York, the scope of habeas corpus is more expansive than the limited protection under the federal constitution. For example, New York permits a writ of habeas corpus to be used to challenge any type of unlawful confinement, such as detention by both public and private actors. In addition, a New York court may consider a writ if the detention is not technically illegal, or even if it is “colorable” legal. Finally, a writ of habeas corpus in New York may also be used to challenge the legality of the length of confinement. If the court finds that the length of detention is not justified by the underlying legal grounds, they may order the release of the individual. In summary, the scope of habeas corpus under the US Constitution is limited to challenging only illegal imprisonment. However, the protection of the writ of habeas corpus in New York is much broader and includes challenges to the legality of the length of confinement, as well as illegal detention by public or private actors.
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