Habeas corpus in Florida is also known as a writ of habeas corpus and is a legal petition that is filed to challenge the lawfulness of a person's confinement.
A writ of habeas corpus requires that a court reviews the detention of someone and determine if the detention and confinement of someone is lawful.
And the petition can also be filed in state or federal court by people held in state or federal correctional facilities.
The purpose of habeas corpus is to challenge the illegal imprisonment of someone by requiring the government to justify why a person is being held in custody.
The process of habeas corpus involves a person filing a petition with a court, which then issues an order that requires the custodian to bring the prisoner before the court to explain the basis for the detention.
The habeas corpus petition can be filed in the Florida Supreme Court, a District Court of Appeal or even a Circuit Court.
The corpus delicti in Florida is a legal rule which requires that the prosecution present substantial independent evidence of a crime before a defendant's confession can be admitted as evidence.
What this means is that the state of Florida has to prove the "body of the crime" that a specific wrong has also occurred and that it was also the result of a criminal act, before it can rely on the confession itself for a conviction to occur.
The phrase "corpus delicti" is Latin for "body of the crime" and is used as a safeguard to prevent convictions that are solely based on a confession to a crime that is non-existent, or on a confession that is obtained through coercion.
Under the corpus delicti rule in Florida, the state has to provide the independent evidence that a crime was actually committed before a confession can be used.
And to prove corpus delicti, the prosecution has to also show that a wrong has occurred, such as a loss, injury or death, and that a wrong was also caused by a criminal act.
The rule corpus delicti protects people against wrongful convictions, especially in cases where someone may confess to a crime that did not happen or where a confession was coerced.
Examples of the use of corpus delicti are in a DUI case.
Without corpus delicti, a person who is standing next to a parked car and confesses to driving it while intoxicated would not be convicted based on that confession alone.
With corpus delicti, the prosecution must first provide independent evidence that the person was actually driving the car under the influence, such as a witness saw the person driving.
And once the corpus delicti is established, the confession can also be used as additional evidence.