In the [[United States]], a detainee may request a writ of Habeas Corpus review with any court that has jurisdiction. If accepted by the court, the judge issues a writ of Habeas Corpus ordering the individual with custody of the detainee to produce the detainee for a hearing. During the hearing, the judge reviews the lawfulness of the detention, and if found unlawful, orders the detainee released. If, before the hearing, the custodian refuses to produce the body, it is at risk of being found in contempt of court, with potential consequences leading up to and including detention for the custodian until the body is produced.
Former [[United States]] [[Attorney General]] [[Alberto Gonzales]] argued that there is no expressed grant of ''habeas corpus'' in the [[Constitution]].<ref>http://baltimorechronicle.com/2007/011907Parry.shtml</ref> Currently, U.S. law states that the privilege may be withheld if the defendant is declared as an "[[enemy combatant]]," though recently the [[Supreme Court]] held this was not enforceable.<ref>httphttps://www.nytimes.com/2008/06/13/washington/13scotus.html?_r=2&adxnnl=1&oref=slogin&adxnnlx=1213359600-p5A1VL5o1oc0SqfVz31OnQ&oref=slogin</ref>
== References ==