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Can Presidents request the extradition of a person for a crime committed in their State?
Wiki User
∙ 14y ago
Congress doesn't have the power. The Congress is the LEGISLATIVE branch of the government. The Department of Justice (which is part of the EXECUTIVE branch of government - among other agencies) has the authority to take possession of prisoners who have violated federal law, from any state or US possession.
Wiki User
∙ 14y ago
Wiki User
∙ 14y ago"PRESIDENTS?" (??) Presidents, no. But the State Governor's can, and do. In fact another word for an extradition warrant is a Governor's Warrant.
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What is it called when a person who has committed a crime is arrested and returned to the state where the crime was committed?
Extradition, or extraditing depends on if the person has been taken to the other state or not.
What interstate relationship is being established when an accused person is returned to the state where the crime was committed?
Extradition.
Who can request extradition?
In what jurisdiction and to what jurisdiction? Between states, an extradition request is sent from the requesting jurisdiction to the jurisdiction that is holding the person. The request may be refused by the requesting jurisdiction. In addition, a person has the right to fight rendition.
Can Washington extradite to Nebraska?
Yes, all US states have extradition procedures and all states honor them. However the sought person has the legal right to request a judge to rule on the validity of the extradition.
Does Switzerland extradite?
Extradition Proceedings in SwitzerlandSearch and ArrestAs rule, extradition proceedings in Switzerland start with a foreign request for search by an Interpol National Bureau or a Ministry of Justice. The Federal Office of Justice (FOJ, Section on Extradition) examines whether the request contains all the necessary information. If the place of abode in Switzerland is known, the FOJ orders the competent police force to arrest the wanted person. If not, the FOJ puts the fugitive's name into the computerized search system "RIPOL" for arrest.The police arrest the wanted person and immediately inform the FOJ. The police also seize evidence and goods acquired as a result of the offence when making the arrest.Simplified proceedings take place if the arrested person declares at the hearing that he agrees to be immediately extradited. The FOJ is informed without delay regarding the fugitive's consent and said office may - based on the consent - grant extradition and order the surrender. In the best case such a simplified extradition may be executed within hours.Handling of the extradition requestIf the person pursued refuses to be extradited, the FOJ will issue an extradition warrant. At the same time this office invites the requesting State to submit a formal request for extradition. As a rule the requesting State has to file the formal extradition request within 18 days at the FOJ. This time-limit may be extended up to 40 days.The cantonal investigating judge or the cantonal police formally present the extradition warrant issued by the FOJ to the person pursued and draw up the minutes of the hearing (procès-verbal). The person pursued has the right to communicate with the consular representative of his native country. He may file an appeal against the Swiss extradition warrant at the Federal Criminal Court; the decision of the Federal Criminal Court is subject to appeal to the Federal Supreme Court. The person pursued may also file, at any time, a request for release.If the formal extradition request is received by the FOJ in due time, the detention awaiting extradition is extended until the end of the extradition proceedings. If the FOJ has decided to enter into the case, it sends the extradition request to the competent canton for the hearing. The cantonal authority hears the person pursued regarding the extradition request, explains the extradition procedure and draws up the minutes of the hearing (procès-verbal).Based on this procès-verbal and a possible statement by the fugitive's counsel, the FOJ may render the extradition decision in the first instance. The FOJ examines whether the formal and material conditions of an extradition are fulfilled. It namely clarifies if the acts attributed to the person pursued in the extradition request would also be punishable under Swiss law. Questions of guilt and facts are not examined in the extradition procedure, i.e., the FOJ does not examine whether the person pursued has really committed the offence.After that the FOJ formally presents its extradition decision to the person pursued. If he does not declare within five days that he will file an appeal, then the extradition is executed.The person pursued may file an appeal at the Federal Criminal Court within 30 days upon service of the extradition decision. Said Court decides the appeal after the FOJ has submitted its written position. In particularly important cases, the decision of the Federal Criminal Court is subject to appeal to the Federal Supreme Court.
Is Hawaii a extradition state?
ALL US States will extradite (it's actually called Rendition) a person that commits a serious crime in their state, and flees to another state. If a person commits a crime in another state and flees to Hawai'i, the state where the crime was committed will request Hawai'i to return (render) them- and they will. Same for crimes committed in Hawai'i. Extradition is actually when someone flees to another country. Hawai'i is part of the US, of course.
Would a person get punished where they committed the crime or where they got caught?
The person would be tried and punished where they committed the crime. It is part of our justice system to be tried by a jury of our peers, and our peers live in our own neighborhood. So if the person is caught elsewhere, he is returned to the jurisdiction where he committed the crime to be tried. This is why the process of extradition is in place.
What if a state does not get a governor's warrant in the timeframe given?
If the state requesting the extradition does not obtain the necessary orders (such as a Governor's Warrant) or does not send officers to bring the accused person back within the time set by the court hearing the request for extradition, the accused person must be released (assuming they're not being held on other charges). The accused person can be re-arrested when the agency with original jurisdiction says they are prepared to bring the accused person back.
What are the extradition laws between the states?
Basically the laws of every state with regard to extradition are the same: if a person is arrested in the state from the one that issued the warrant, the person is taken to the county jail of that jurisdiction and awaits extradition to the County seeking the person. Normally an extradition hearing is held to determine whether the individual is in fact the one that is being held for extradition. The individual can admit he is such person being sought (he is not admitting guilt) or challenge this. The state is seeking the person generally has up to two weeks to arrange for the defendant to be transferred, or the defendant can be released.
How do you execute arrest warrants issued by Indian courts against a person in Japan?
The short answer is: you don't. Japan doesn't recognize Indian law, nor the law of any other country so, through diplomatice channels, you must request extradition, which may be denied even if there's an existing extradition treaty.
What steps are required for the United States to extradite a person wanted on a federal arrest warrant?
The requirements of extradition are different for each country that has an extradition treaty with the US. Most require basic information about the charge and sentence to determine whether the crime committed in the US constitutes a crime in the country where the fugitive is located. A good example of an extradition treaty is the one between the US and Korea, which requires the following:1. All requests for extradition shall be submitted in writing through the diplomatic channel.2. All requests shall be supported by:(a) documents, statements, [*23] or other types of information which describe the identity, including nationality, and probable location of the person sought;(b) information describing the facts of the offense and the procedural history of the case;(c) the text of the law describing the essential elements of the offense for which extradition is requested;(d) the text of the law prescribing punishment for the offense;(e) the documents, statements, or other types of information specified in paragraph 3 or paragraph 4 of this Article, as applicable; and(f) a statement of the relevant provisions of its statute of limitations on the prosecution or the execution of punishment of the offense.3. A request for extradition of a person who is sought for prosecution shall also be supported by:(a) a copy of the warrant or order of arrest issued by a judge or other competent authority;(b) a copy of the charging document, if any; and(c) such information as would provide reasonable grounds to believe that the person sought has committed the offense for which extradition is requested.4. A request for extradition relating to a person who has been found guilty of the offense for which extradition is [*24] sought shall also be supported by:(a) a copy of the judgment of conviction or, if such copy is not available, a statement by a judicial authority that the person has been found guilty;(b) information establishing that the person sought is the person to whom the finding of guilt refers;(c) a copy of the sentence imposed, if the person sought has been sentenced, and a statement establishing to what extent the sentence has been carried out; and(d) in the case of a person who has been found guilty in absentia, the documents required by paragraph 3.
What are the laws for extradition laws from PA to TX?
In Pennsylvania, in order to fight extradition to another state, the defendant can contest the validity of the charge against him and petition the court for the issuance of a writ of habeas corpus. The Uniform Criminal Extradition Act provides some uniformity and, generally, the same legal requirements that are required for requests from other participating states apply to Pennsylvania requests as well.
