Prisoners can sometimes use a petition for writ of habeas corpus to challenge the legality of a criminal conviction or inhumane prison conditions. This article covers some of the more common uses of and requirements for filing a petition for writ of habeas corpus.
What Is a Writ of Habeas Corpus?
Habeas petitions provide prisoners whose rights are being violated with a means of requesting assistance from a judge. The actual petition is just a legal document the prisoner files in court that explains the problem and the prisoner’s request. Prisoners can use habeas petitions to address a multitude of issues. But some of the more common uses include attacking a conviction, fighting unlawful terms of probation or parole, and complaining about poor prison or jail conditions.
What Are the Requirements for Filing a Habeas Corpus Petition?
Basic habeas requirements are fairly universal. But the details of habeas procedures often depend on the circumstances of the case.
Jurisdictional Differences in Habeas Corpus Procedures
Each jurisdiction has different rules governing habeas petitions. So, the technical requirements for filing a petition (things like format and the basic information the prisoner must include) depend on where the prisoner files the petition. For example, California requires prisoners who aren't represented by an attorney to use a standardized habeas corpus form, whereas, in many other states, prisoners just write their petitions out on normal paper.
Habeas Petitioners Must be in State or Federal Custody
Habeas petitions typically can be used only by prisoners. In other words, the person filing the petition must be in custody at a jail, prison, or some other government detention facility. However, some jurisdictions allow probationers and parolees—who are said to be in “constructive custody”—to use habeas petitions to raise issues related to their probation or parole.
Habeas Petitioner Must Have No Other Legal Remedies
Generally, a habeas petition is an option for prisoners only as a last resort. In other words, if the prisoner has another means of addressing the issue—like with an appeal or administrative request to prison officials—the prisoner must pursue those means before or, in some instances, instead of filing a habeas petition.
Habeas Corpus "Exhaustion" Requirement
When a prisoner must go through an administrative appeals process before filing a habeas petition, it’s often called “exhaustion” of administrative remedies. The exhaustion requirement gives government officials an opportunity to fix the issue prior to court involvement. But if the government doesn’t take adequate corrective action, the prisoner can ask the courts to step in.
Adequate Legal Remedies Requirement for Habeas Corpus
Prisoners can’t use habeas petitions for some kinds of claims. For example, to address a claim relating to something that occurred during a criminal trial, the prisoner generally must file an appeal rather than a habeas petition. In other words, the appellate process is considered an “adequate legal remedy” for most trial-related issues.
Basic Information to Include in a Habeas Corpus Petition
To rule on a habeas petition, the judge must know what’s going on, who’s doing what, and what the prisoner wants. So, the prisoner must provide this basic information in the petition. Prisoners can also include supporting documents with the petition, like declarations from witnesses.
What Happens After a Prisoner Files a Habeas Petition?
When a prisoner files a habeas petition, the judge has several options for dealing with it. Generally, the judge can:
- dismiss the petition
- issue an “order to show cause,” or
- issue a writ.
In most jurisdictions, the judge must take one of these actions within a certain number of days after the prisoner files the petition.
When Judges Will Dismiss Habeas Corpus Petitions
Dismissal is typically the worst case scenario for a prisoner. A dismissal generally means the judge doesn’t believe the prisoner’s rights were violated or thinks a habeas petition wasn’t the proper way to raise the claim. Either way, the prisoner is out of luck, at least for the time being. Following the dismissal of a petition, prisoners can normally file their petition in a higher court.
In some cases, the judge dismisses the petition right away. In other words, the judge doesn’t need to see anything but the petition itself to determine the case has no merit. But in cases where things aren’t so cut and dried, the judge is unlikely to dismiss the case without at least getting more information through the processes described below.
When a Judge Issues an "Order to Show Cause" in a Habeas Corpus Case
When a prisoner makes a plausible claim in a habeas petition that the government has violated or her rights, the judge will normally issue an order to show cause (OSC). Basically, an OSC requires the government to file a written response (sometimes called a “return”) to the prisoner’s allegations. In this response, the government is supposed to explain any disagreement they have with the facts alleged and requests made by the prisoner. The prisoner then gets to file a written reply (often referred to as a “traverse”) to the government’s arguments.
In some cases, once the prisoner and government have filed their written arguments, the judge decides to have an evidentiary hearing. Evidentiary hearings are necessary when the parties dispute the truth of certain facts, and the judge needs to decide which side to believe. At an evidentiary hearing, the parties can call witnesses to testify and present other evidence such as documents, photographs, and the like.
What It Means When the Judge Issues a Writ of Habeas Corpus
A writ is basically an order from the judge directing the government (or sometimes a lower court) to do something. For instance, a judge might issue a writ ordering the government to release a prisoner who proves his or her innocence. Or, if a prisoner shows basic medical care isn’t available at the prison, the judge might order prison officials to hire additional medical staff.
Normally, judges issue writs only after issuing an OSC and going through the written argument process described above. However, in circumstances that require immediate action, judges sometimes have the power to issue a writ without first issuing an OSC. For instance, a judge might issue a writ immediately if necessary to ensure someone’s health or safety.