Habeas corpus has existed longer than the United States and is relatively simple to understand when broken down: a legal instrument “that requires that the government provide a public reason for detaining and imprisoning people,” U.S. Senator Maggie Hassan, a former attorney, said in May 2025. Its fundamental purpose is to allow people to challenge unlawful detention. Article I, section 9, clause 2 of the U.S. Constitution, known as the Suspension Clause, says the privilege of habeas corpus "shall not be suspended, unless in Cases of Rebellion or Invasion the public Safety may require it.”
Modern-day habeas is mostly used in criminal post-conviction cases when incarcerated people believe their constitutional rights were violated, such as during their trial or sentence phases.