Habeas Corpus is a writ or a legal action by which people seek relief or justice from unlawful detention or imprisonment. Many prisoners are imprisoned in unlawful and unjust manner and have the right to appeal. A writ of habeas corpus therefore is a judicial mandate given to prison officials where one is wrongfully held ordering that a prisoner be brought to a court of law so as to determine whether the prisoner was imprisoned lawfully or unlawfully and whether that prisoner should be released from custody. A habeas corpus petition is basically a petition that is filed by a court of law by a prisoner serving prison sentence who objects his own imprisonment or it can be filed by a person who objects another person’s imprisonment (Robertson, 2008). The petition put forward by the person or prisoner should be able to show that the court of law that ordered the imprisonment or detention of a person made a legal or factual error in its judgment. A person who is entitled to habeas corpus is anyone who is unlawfully denied their right of liberty, or entitled to the custody of another where such custody is unlawfully deprived. A person in this case may prosecute a writ of habeas corpus in order to inquire and establish the causation of the restraint, deprivation or imprisonment. The writ of habeas corpus may be granted by several courts that include the Supreme Court, probate courts, a court of common pleas or be granted by any judge of the courts above. Habeas Corpus may also be applied in family law where a parent is denied custody of their children by a trial court. The parent may file a habeas petition.
Death row prisoners are considered most dangerous as they have committed severe offences to earn them such sentences. However, cases exist where an error may have occurred in the law process thereby earning the prisoner such a sentence unlawfully. A writ of habeas corpus comes in handy to help such a person find justice if he was sentenced unlawfully. The writ of habeas corpus is very important to check the manner in which judges and courts in general pay respect to the existing federal constitutional rights. It is considered an essential instrument used to safeguard individual freedom from arbitrary and lawlessness state actions where in its absence, someone could be detained or imprisoned unlawfully without any alternatives to secure their release. Before a habeas corpus is dismissed, the petition should be subjected to a total exhaustion rule where each claim raised by the prisoner must be fully exhausted before the court may reach the merits of any claim in the habeas petition (Fallon, 2008). Habeas corpus is the only way a prisoner can question the legibility of their imprisonment. It protects prisoners allowing them to have a chance to indicate their federal constitutional rights to fair treatment in a law process have been violated. Death row prisoners are human beings and there is no reason to deny them this fundamental right especially if their wrongfully accused. The fact that there is right to habeas corpus, illegal imprisonment in a democratic society is unheard off thereby indicating that those in prison have been lawfully convicted and totally deserve to be there. A habeas corpus is important in determination of whether the prisoner in death raw is guilty of the crime he or she is being accused of and acts as a call for an evaluation of the legibility of his or her imprisonment if unsatisfied (Freedman, 2003. p. 9).
There are several issues that may be overlooked during a trial of a prisoner that may prove vital in determination of the punishment to the offender. Such issues are raised in the habeas corpus giving the prisoner a second chance if he or she thinks that the trial was not fair in any way. However, the prisoner or their counsel must provide enough evidence to support their claims in order to warrant further investigation. As much as a habeas corpus may seem to do justice for a prisoner unlawfully sentenced to serve in a federal correctional facility, it has the potentialities of evil. There are cases where habeas corpus is abused and thereby undermining the orderly administration of justice thereby abating the forces of authority that are fundamental to civilization.