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 South Carolina, 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. Under Article I, Section 9, Clause 2 of the U.S. Constitution, the right to petition for a writ of habeas corpus is a key check on governmental power. When a person detained by the federal government files a habeas corpus petition in South Carolina, they are challenging the legality of their detention. The government is then required to present a valid reason for the individual's imprisonment to a neutral judge. This process is treated as a civil matter, with the petition typically filed against the government official responsible for the detainee's custody, often the prison warden. The right to habeas corpus is a critical component of the legal system, designed to protect individual freedoms and prevent arbitrary detention.