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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.

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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.


What are the extradition laws from Utah back to California?

Extradition laws between Utah and California are governed by the Uniform Criminal Extradition Act, which allows for the return of fugitives from one state to another. If a person is charged with a crime in California and is found in Utah, California can request their extradition through a formal process. This involves presenting a valid arrest warrant and supporting documentation to Utah authorities, who then evaluate the request based on legal criteria. Once the request is approved, the individual can be transferred back to California to face charges.


Will Texas extradite from Florida on 2nd degree felony charges?

Yes, Texas can extradite a person from Florida on second-degree felony charges. Extradition between states is governed by the Uniform Criminal Extradition Act, which allows states to request the return of fugitives charged with crimes. If the proper legal procedures are followed and the request is valid, Florida is obliged to comply with Texas's extradition request. However, the process can involve legal challenges and may take time to resolve.


How long can nc hold extradition for virgina?

North Carolina can hold an individual for extradition to Virginia for up to 30 days. This period begins when the person is taken into custody on the extradition request. If the extradition proceedings are not resolved within that timeframe, the individual must be released unless additional legal action is taken to extend the hold. Ultimately, the specifics can vary based on the case and any legal complexities involved.


Can Nebraska extradite from topekaks?

Yes Nebraska can extradite from Topeka KS. The extradition process involves the legal transfer of a person from one state to another for criminal proceedings. Nebraska can request extradition from Topeka as long as it is in accordance with the Uniform Criminal Extradition Act. The process of extraditing a person from Topeka to Nebraska typically requires:An extradition request from Nebraska to the Governor of TopekaA warrant of arrest issued by the Topeka courtA Governors Warrant issued in TopekaA hearing in a Topeka court to determine if the person should be extraditedA written agreement between Nebraska and Topeka (sometimes called an extradition treaty)Once the process is complete the person can be extradited from Topeka to Nebraska for criminal proceedings. It is important to note that the extradition process is complex and involves a number of legal steps. It is best to consult with a qualified lawyer for any questions about extraditing someone from Topeka to Nebraska.


Under the full faith and credit clause a person who commits a crime in one state and flees to another state?

Under the Full Faith and Credit Clause of the U.S. Constitution, states are required to recognize and enforce the public acts, records, and judicial proceedings of other states. This means that if a person commits a crime in one state and then flees to another, the state where the crime was committed can request the extradition of that person. The state to which the individual has fled typically must comply with that request, ensuring that justice is served across state lines. However, the extradition process may involve legal proceedings and considerations of the nature of the crime.


Does Arizona extradite to Michigan?

Yes, Arizona does extradite to Michigan. Extradition between states in the U.S. is governed by the Uniform Criminal Extradition Act, which allows for the transfer of individuals charged with crimes from one state to another. If Michigan requests the extradition of a person from Arizona, the legal process must be followed, and the request must meet specific legal standards.