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Who must request an extradition of a crime suspect in order for it to take place?
Wiki User
∙ 11y ago
The governor of the state where the crime was committed. Generally the order will also be signed by the prosecuting attorney but that is not required to make the extradition order valid and fully enforceable.
Wiki User
∙ 11y ago
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Who must request extradition of a crime suspect in order for it to take place?
The governor of the state where the crime was committed. Generally the order will also be signed by the prosecuting attorney but that is not required to make the extradition order valid and fully enforceable.
This is the process of sending someone back to the state their crime took place in order to stand trial is called what?
extradition
Who may request that a person be returned to the state where they committed a crime?
Technically, this request is made by the governor of the state where the crime occurred. The request is usually a formality that does not personally involve the governor. The law enforcement agency or prosecutor's office having jurisdiction over the crime decides if they want to go to the expense necessary to bring the accused party back to be tried for the crime. This process is called extradition. In order for the officers of State A to go to State B to retrieve an accused person, the governor of State A must ask the governor of State B to allow State A's officers to enter State B and take the accused into custody. If the governor of State B refuses this permission (this rarely happens), State A's officers have to wait for him to change his mind or for their suspect to leave State B.
Use interrogate in a sentence?
The detective began to interrogate the suspect in order to gather more information about the crime.
In what article and section of the United States Constitution is extradition discussed?
In Article IV, Section 2, Clause 2 of the US Constitution, the interstate rendition of fugitives was established. Beginning in 1793, other laws were enacted to support this clause. Generally, it states that the executive authority of a state may order that an indicted suspect or fugitive be returned to face charges in that state, in the jurisdiction in which a crime was committed. Conflicts with this can occur where more than one state has a legitimate claim on the individual involved. The precedent to blocking extradition in Kentucky v. Dennison (based on slavery, 1861) was reversed by the US Supreme Court in Puerto Rico v. Branstad in 1987.
Write a sentence using the word interrogate?
Officer Ramsey began to interrogate the suspect in order to find out his background and details of the suspected crime.
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.
What can you do to get an extradition from KS to CO?
Article IV, Section 2, Clause 2 of the US Constitution states:A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.18 U.S.C. § 3182 requires:An executive authority demand of the jurisdiction to which a person that is a fugitive from justice has fled.The requesting executive must produce a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, andSuch document must charge the fugitive demanded with having committed treason, felony, or other crime, andSuch document must be certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged has fled.The executive receiving the request must then cause the fugitive to be arrested and secured, and notify the requesting executive authority or agent to receive the fugitive.An agent of the executive of the State demanding extradition must appear to receive the prisoner, which must occur within thirty days from time of arrest or the prisoner may be released. (Some states allow longer waiting periods of up to 90 days before release).Cases of kidnapping by a parent to another state would be automatic involvement by the US Marshals department.The way it really works is that the law enforcement in Colorado would make a request to the office of the Governor of that state to issue the extradition request. Someone in the Governor's office would review the request and if they agreed, they would get the paperwork prepared for the Governor's signature. The Governor would then receive the paperwork along with the recommendation for his/her signature. The request would then go to the office of the Governor of Kansas where it would be reviewed and usually forwarded to whichever jurisdiction was holding the person in custody, or if they were not in custody, it would be processed to produce an arrest warrant. Once the person is in custody, they can request a hearing to determine if the extradition request is valid. The Supreme Court has decided that a court considering an extradition case can only decide four issues:(1) whether the extradition documents on their face are in order,(2) whether the petitioner has been charged with a crime in the demanding state,(3) whether the petitioner is the person named in the request for the extradition, and(4) whether the petitioner is a fugitive.(Note: In many cases the accused simply "waives extradition" - i.e. they return voluntarily).If the court determines that the request is valid, the person is transported back to Kansas for trial.
Can DNA on a cigarette at the crime scene of a robbery be enough to convict someone?
Not necessarily. It would depend on how much other evidence there is. By itself, DNA on a cigarette only proves that the suspect was physically present at the scene of the crime. It proves he was there at some unknown time, but it does not prove that he was there during the commission of the crime or that he committed the crime. It is a compelling piece of evidence, but it would need to be accompanied by other evidence, in order to ensure a conviction. For example, if eyewitnesses saw the suspect's car fleeing the scene, and if bullets matching those used in the crime were found at the suspect's home, THAT, combined with the DNA on the cigarette, would probably be enough to convict.
Is it true the republic of Ireland does not have an extradition order with the UK?
Yes.
What evidence is needed to prove that a defendant knowingly violated the law?
I remember there were three things that needed to be answered in order to prove a suspect committed a crime,MOTIVE,METHOD,OPPORTUNITY.
A criminal who flees to another state can be caught and returned under what order?
Extradition
