Habeas Corpus Lesson for Kids: Definition & Meaning | Study.com (2024)

It might be fun to think about arresting your mom for making green beans, but imagine if the police could just lock you up for any reason, or for no reason at all! That certainly sounds like a violation of our rights, doesn't it? The point of habeas corpus is to make sure that can't happen. It's there to control the police and other governmental entities and make sure they don't abuse their power.

Even our Founding Fathers felt strongly against unlawful imprisonment and that is why the writ of habeas corpus can be found in Article I of the U.S. Constitution. But it is the Supreme Court who stated it best in 1969 in their opinion on Harris v. Nelson, ''The writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.'' Well said!

Habeas corpus was originally invented in England in the 13th century, around 700 years ago. Since then, other countries have also made habeas corpus part of their laws. For example, most countries that used to be British colonies, like Canada, Australia, and the United States, have habeas corpus. Some other countries have similar laws with different names.

Abraham Lincoln suspended habeas corpus during the Civil War.

There have been times, during wars or other emergencies, when governments have suspended habeas corpus, but this suspension is only temporary. For example, during times of war, military leaders may need to arrest people who are on the enemy side or who might be cooperating with the enemy, and they don't always have the time to bring them to a judge. In the United States, habeas corpus was temporarily suspended by President Abraham Lincoln during the Civil War.

Habeas corpus is a legal rule that protects citizens from being illegally imprisoned. You can file a writ of habeas corpus which makes your arrester have to take you in front of a judge and prove that your arrest was legal. While habeas corpus has sometimes been temporarily suspended during wars, it's an important part of the law in many countries, including the United States.