Information is Power

Accessibility is essential to the National Habeas Institute’s mission. The world of habeas can be overwhelming to everyone, even to the lawyers who deal with habeas every day. The National Habeas Institute seeks to minimize that overwhelming sensation so everyone who wants to know about habeas can. We will continuously update this page to provide you with the resources to understand a writ of habeas corpus, whether you are a seasoned practitioner, a person looking to challenge your confinement, a concerned family member, or a curious viewer of real crime documentaries.

What is habeas corpus?

A writ of habeas corpus is a tool in the United States Constitution that enables a person to challenge their confinement. It is the method by which a prisoner, including a person facing a death sentence or a detained immigrant, can alert a judge that their confinement is unconstitutional.

There may be other ways to get a new trial or challenge deportation proceedings, but a writ of habeas corpus is the only way to challenge the constitutionality of wrongful confinement.

Because the habeas process forces courts to examine a case after a person has been confined due to failures to in the trial process, a writ of habeas corpus provides a singular opportunity to address systemic inadequacies.

standards

We did not invent the wheel. Lawyers have had to follow standards since the U.S. Supreme Court found that criminal defendants have the right to a lawyer during their criminal trials in Gideon v. Wainwright, in 1963. The National Habeas Institute merely seeks to develop standards specific to the practice of habeas corpus. Click on the button to learn more about existing standards or to find links to additional resources.