Habeas corpus—also known as the Great Writ—is the legal procedure that prevents the federal government from arresting and holding (in prison) a person indefinitely without showing cause for detaining the person. This Latin term is pronounced "Hay-bee-us Corp-us."

A person detained by the federal government may challenge their detention by filing a habeas corpus petition—which then requires the government to explain to a neutral judge the justification for detaining the person. A habeas petition is prosecuted or litigated as a civil (noncriminal) matter against the government agent (usually the prison warden) who holds the defendant in custody.

The Founders of the United States who wrote the U.S. Constitution believed so strongly in this protection against government overreach they included it in the first article of the Constitution (Article I, Section 9, Clause 2).

In New Jersey, as in all states, habeas corpus is a fundamental legal procedure protected by both the U.S. Constitution and state law. It serves as a safeguard against unlawful detention by the federal government, ensuring that no person can be held indefinitely without just cause. When a person is detained by federal authorities in New Jersey, they have the right to file a habeas corpus petition. This petition compels the government to present a valid reason for the individual's detention to a neutral judge. The process is civil in nature and is directed against the government official, typically the prison warden, responsible for the detainee's custody. The right to habeas corpus is enshrined in Article I, Section 9, Clause 2 of the U.S. Constitution, reflecting its importance as a protection against government overreach. New Jersey courts, as part of the federal system, honor this constitutional right and provide a legal avenue for detainees to challenge their imprisonment.