Habeas corpus (Latin: "You have the body.") The Writ of Habeas Corpus, created by Parliament in 1679, is a court order to the government to present a person being detained for a hearing to evaluate the evidence being used to justify the detention. The hearing does not determine guilt; it evaluates the sufficiency of the evidence. Sometimes called "The Great Writ" it was incorporated into the Constitution, Article I, Section 9.

Habitual Offender Laws For a long time many states have had laws that enhance the sentences of repeat offenders, including life in prison for repeat felons. For example, the Kentucky Habitual Offender Act (1973) imposed life in prison (with possibility of parole) for a third felony conviction.

Harmless Error Rule - Errors made by trial courts are grounds for reversing convictions upon appeal only if the error influenced the verdict. In Chapman v. California (1967) the Court held that violations of Fifth Amendment rights may not require reversal of convictions if the violations did not affect the verdict. In Chapman a prosecutor pointed to failure of the defendant’s to take the stand as further evidence of their guilt, an observation violating Chapman’s Fifth Amendment rights. Such statements are not grounds per se for overturning the conviction; if overwhelming evidence of guilt were present, the prosecutor’s error would not influence the outcome, the error would be harmless, and the conviction would stand. (In Chapman’s case the Court found the state had a weak case and the prosecutor placed great emphasis on the defendant’s failure to testify as a sign of guilt. Thus although Mr. and Mrs. Chapman won a new trial, the decision established the Harmless Error Rule.) Note: some errors cannot be harmless. Denial of counsel or a trial cannot be harmless and automatically reverse convictions.