Habeas corpus is an equitable remedy by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian to bring the prisoner to court, to determine whether their detention is lawful.
In re Gault, 387 U.S. 1 (1967), was a landmark U.S. Supreme Court decision which held the Due Process Clause of the 14th Amendment applies to juvenile defendants as well as to adult defendants. Juveniles accused of crimes in a delinquency proceeding must be afforded many of the same due process rights as adults, such as the right to timely notification of the charges, the right to confront witnesses, the right against self-incrimination, and the right to counsel. The court's opinion was written by Justice Abe Fortas, a noted proponent of children's rights.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's confinement under color of law. A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into those reasons or conditions. 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."
Boumediene v. Bush, 553 U.S. 723 (2008), was a writ of habeas corpus petition made in a civilian court of the United States on behalf of Lakhdar Boumediene, a naturalized citizen of Bosnia and Herzegovina, held in military detention by the United States at the Guantanamo Bay detention camps in Cuba. The case underscored the essential role of habeas corpus as a safeguard against government overreach, ensuring that individuals cannot be detained indefinitely without the opportunity to challenge the legality of their detention. Guantánamo Bay is not formally part of the United States, and under the terms of the 1903 lease between the United States and Cuba, Cuba retained ultimate sovereignty over the territory, while the United States exercises complete jurisdiction and control. The case was consolidated with habeas petition Al Odah v. United States. It challenged the legality of Boumediene's detention at the United States Naval Station military base in Guantanamo Bay, Cuba as well as the constitutionality of the Military Commissions Act of 2006. Oral arguments on the combined cases were heard by the Supreme Court on December 5, 2007.
al-Marri v. Spagone, 555 U.S. 1220 (2009), was a legal case in which the United States Supreme Court had to decide whether individuals can be imprisoned indefinitely for suspected wrongdoing without being charged with a crime and tried before a jury. The case was dismissed as moot on March 6, 2009, by the application of the Acting Solicitor General to transfer petitioner from military custody to the custody of the Attorney General.
In United States law, habeas corpus is a recourse challenging the reasons or conditions of a person's detention under color of law. The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base. A persistent standard of indefinite detention without trial and incidents of torture led the operations of the Guantanamo Bay detention camp to be challenged internationally as an affront to international human rights, and challenged domestically as a violation of the Due Process Clause of the Fifth and Fourteenth amendments of the United States Constitution, including the right of petition for habeas corpus. On 19 February 2002, Guantanamo detainees petitioned in federal court for a writ of habeas corpus to review the legality of their detention.
Munaf v. Geren, 553 U.S. 674 (2008), is a United States Supreme Court case where the court unanimously concluded that the habeas corpus statute, 28 U.S.C. § 2241(c)(1), extends to U.S. citizens held overseas by American forces subject to an American chain of command, even if acting as part of a multinational coalition. But, it found that habeas corpus provided the petitioners with no relief, holding that "Habeas corpus does not require the United States to shelter such fugitives from the criminal justice system of the sovereign with authority to prosecute them."
The Habeas Corpus Act of 1867 is an act of Congress that significantly expanded the jurisdiction of federal courts to issue writs of habeas corpus. Passed February 5, 1867, the Act amended the Judiciary Act of 1789 to grant the courts the power to issue writs of habeas corpus "in all cases where any person may be restrained of their liberty in violation of the constitution, or any treaty or law of the United States." Prior to the Act's passage, prisoners in the custody of one of the states who wished to challenge the legality of their detention could petition for a writ of habeas corpus only in state courts; the federal court system was barred from issuing writs of habeas corpus in their cases. The Act also permitted the court "to go beyond the return" and question the truth of the jailer's stated justification for detaining the petitioning prisoner, whereas prior to the Act courts were technically bound to accept the jailer's word that the prisoner was actually being held for the reason stated. The Act largely restored habeas corpus following its 1863 suspension by Congress, ensuring that anyone arrested after its passage could challenge their detention in the federal courts, but denied habeas relief to anyone who was already in military custody for any military offense or for having aided the Confederacy.
The Judiciary of Virginia is defined under the Constitution and law of Virginia and is composed of the Supreme Court of Virginia and subordinate courts, including the Court of Appeals, the Circuit Courts, and the General District Courts. Its administration is headed by the Chief Justice of the Supreme Court, the Judicial Council, the Committee on District Courts, the Judicial Conferences, the Judicial Inquiry and Review Commission, and various other offices and officers.
Tracey, T/A Engineering Design & Management v Burton, [2016] IESC 16, was an Irish Supreme Court case in which the Supreme Court considered the Irish courts' ability to limit the right of access to the courts and, in extreme cases, to dismiss proceedings.
H v H, [2015] IESC 85, also known as JMH v KH, is an Irish Supreme Court case in which the husband was found to have vexatiously abused the court process by repeatedly pursuing legal action against his former wife. An Isaac Wunder order was made by the court against the husband which states that any legal proceedings against his wife and children will be halted. However, the court did not suspend all legal action from the husband; rather it ruled that further legal action would require a decision by a relevant court. This decision is significant because the Court established guidelines for when common law principles could be reinterpreted.
Child and Family Agency v RD [2014] IESC 47 is an Irish Supreme Court case in which the Court confirmed that jurisdiction of EU states which first issue orders have primacy but that the High Court in Ireland has the right under EU law to grant provisional protection orders to allow a child to stay in Ireland. The case clarified the jurisdiction of Irish courts under Article 20 of the European Union's Council Regulation No 2201/2003 on parental responsibility.
Ryan v Governor of Midlands Prison [2014] IESC 54 was a case in which the Irish supreme court ruled that, ordinarily, a Court order detaining a convicted individual that is not prima facie invalid should only be challenged through an appeal of the conviction or an application for judicial review rather than through an application for release under the constitutional principle of habeas corpus.
F.X. v The Clinical Director of Central Mental Hospital and Another[2014] IESC 1; [2014] 1 IR 280 is a reported Irish Supreme Court case in which the court "clarified two important points about the habeas corpus jurisdiction":
- that the High Court's jurisdiction does lie in respect of detention orders made by courts of coordinate jurisdiction; and
- although the Constitution does not allow for stays to be placed on orders of habeas corpus, "orders can be made for controlling the release of persons who are incapable of protecting themselves."
Child and Family Agency v O.A. [2015] IESC 52, also known as Child and Family Agency (Tusla) v OA, is a reported Irish Supreme Court case decision. It was decided that parents should not get an order for costs in the District Court unless there are specific elements in the case at hand. The Supreme Court set up these specific points and ruled that the Circuit Court should only overturn District Court decisions if they do not follow the principles and criteria set out.
Roche v Governor of Cloverhill Prison, [2014] IESC 53 is a reported Irish Supreme Court case decision. The Court decided that the Bail Act of 1997 is not a code that explains all the rules about the law on bail. The Act does not replace the High Court's full and original authority. It shouldn't be taken as meaning that the crime replaces the court's authority. The Act adds new legal reasons why bail shouldn't be granted and changes the existing bail laws. For example, the Act of 1997 added a new reason to deny bail. Before that law, bail could be denied if it was thought that the defendant could escape instead of going to trial.
O'Farrell and Others v Governor of Portlaoise Prison, [2016] IESC 37, [2016] 3 IR 619 is an Irish Supreme Court case where the Court dismissed an appeal made by the State against a High Court decision which ordered the release of prisoners who had been transferred from the United Kingodom to the Republic of Ireland to carry out the rest of their sentences. The Supreme Court, taking into account the relevant provisions of the Transfer of Sentenced Persons Act 1995, decided that there was no legal basis to detain the respondents as there was a failure to comply with legislative requirements concerning the adaptation of foreign prison sentences. The Court also ruled that section 9 of the Transfer of Sentenced Persons Act 1995 did not give it the authority increase the respective prison sentences of three prisoners.
Child and Family Agency v O.A.[2015] IESC 52, also known as Child and Family Agency (Tusla) v OA, is an Irish Supreme Court case which determined the appropriateness of awarding costs in child care cases where there was an unsuccessful parental challenge to an application made by the Child and Family Agency (CFA). The Supreme Court established that there are circumstances where it might be suitable to award costs to unsuccessful parents who privately retained legal counsel; these being if the CFA "acted capriciously, arbitrarily or unreasonably in commencing or maintaining the proceedings", if "the outcome was particularly clear or compelling", or if it would be "particularly unjust towards the parents to award costs against them". It was stated that the District Court must outline its reasoning regarding a decision to award costs in such cases, holding that the Circuit Court should only reverse District Court decisions if the outlined principles and criteria are not followed.
Roche v Governor of Cloverhill Prison, [2014] IESC 53, is an Irish Supreme Court case in which the Court held that the Bail Act 1997 is not a code providing an exhaustive statement regarding the law on bail. The Act did not "replace the full and original jurisdiction of the High Court" concerning bail, nor should it be deemed to replace the jurisdiction of the Court handling the particular criminal offence.
Gt v Kao[2007] IESC 55; [2008] 3 IR 567 is an Irish Supreme Court case which upheld the High Court's decision that, under article 3 of the Hague Convention on the Civil Aspects of Child Abduction, the appellant had acted unlawfully in taking her two children outside of Ireland without permission from the respondent.
