extradition. interstate also known as rendition. between states- governor to governor. most states...

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Interstate also known as rendition. Between states- governor to governor. Most states have adopted the Uniform Criminal Extradition Act. Not necessary to prove accused fled from justice. Presence in other state

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Page 1: Extradition. Interstate also known as rendition. Between states- governor to governor. Most states have adopted the Uniform Criminal Extradition Act. Not

Extradition.Interstate also known as rendition.

Between states- governor to governor.

Most states have adopted the Uniform Criminal Extradition Act.

Not necessary to prove accused fled from justice.

Presence in other state sufficient.

Page 2: Extradition. Interstate also known as rendition. Between states- governor to governor. Most states have adopted the Uniform Criminal Extradition Act. Not

Extradition Process.Need outstanding arrest warrant.

Governor of requesting state requests of governor in which accused located to arrest and

return him or her to the requesting state.

Page 3: Extradition. Interstate also known as rendition. Between states- governor to governor. Most states have adopted the Uniform Criminal Extradition Act. Not

Governor of requested state is not required to take action.

Accused (if arrested) has right to a hearing prior to extradition unless

he or she waives hearing.

Page 4: Extradition. Interstate also known as rendition. Between states- governor to governor. Most states have adopted the Uniform Criminal Extradition Act. Not

Unlawful Flight Statute.Different from extradition.

Must be a fugitive. Federal statute Permits FBI to assist in locating and arresting

fugitive.Generally applies to any felony

crime.

Page 5: Extradition. Interstate also known as rendition. Between states- governor to governor. Most states have adopted the Uniform Criminal Extradition Act. Not

Writ of Habeas CorpusPurpose is to obtain prompt release of one who is being

unlawfully detained. Commonly used by state

prisoners to attack the constitutionality of their state

conviction.

Page 6: Extradition. Interstate also known as rendition. Between states- governor to governor. Most states have adopted the Uniform Criminal Extradition Act. Not

If court finds probable case, court issues writ which directs the

individual holding the prisoner to come to court and justify the

confinement.

Page 7: Extradition. Interstate also known as rendition. Between states- governor to governor. Most states have adopted the Uniform Criminal Extradition Act. Not

Writ of Certiorari.Writ issued by appellate court to a lower court to permit review of

a decision or judgment of the lower court.

Frequently used to review a case where there is a legal issue that

has not been decided by the appellate court.

Also used frequently in death penalty cases.

Page 8: Extradition. Interstate also known as rendition. Between states- governor to governor. Most states have adopted the Uniform Criminal Extradition Act. Not

Also used frequently in death penalty cases.

Page 9: Extradition. Interstate also known as rendition. Between states- governor to governor. Most states have adopted the Uniform Criminal Extradition Act. Not

Increased Awareness of Victims’ Rights.

Forgotten person in criminal justice system.

1982—Task Force on Victims of Crime

1984—Office for Victims of Crime (OVC)

established 1995—first National Victim

Assistance Academy

Page 10: Extradition. Interstate also known as rendition. Between states- governor to governor. Most states have adopted the Uniform Criminal Extradition Act. Not

Violence Against Women ActVAWA enacted 1994.

National Institute of Justice (NIJ) mandated to:

Develop research agenda. Assess state databases. Study abusive relationships Examine

Battered Woman Syndrome

Page 11: Extradition. Interstate also known as rendition. Between states- governor to governor. Most states have adopted the Uniform Criminal Extradition Act. Not

Study abusive relationships. Examine Battered Woman

Syndrome

Page 12: Extradition. Interstate also known as rendition. Between states- governor to governor. Most states have adopted the Uniform Criminal Extradition Act. Not

Restitution1982 task force report

recommended requiring judges to order restitution.

Restitution can be traced to the 1930s.

An effort to make the offender aware of the effects of his or her

crime.

Page 13: Extradition. Interstate also known as rendition. Between states- governor to governor. Most states have adopted the Uniform Criminal Extradition Act. Not

Advance the concept of personal responsibility.

Punishment to the offender

Page 14: Extradition. Interstate also known as rendition. Between states- governor to governor. Most states have adopted the Uniform Criminal Extradition Act. Not

Compensation1984—VOCA

Victim compensation is direct payment to or on behalf of a crime

victim. Payment for medical bills, mental health counseling, funeral costs,

and lost wages.

Page 15: Extradition. Interstate also known as rendition. Between states- governor to governor. Most states have adopted the Uniform Criminal Extradition Act. Not

Victim Impact StatementsPresented to the trial court before sentencing by victim or victim’s

representative. Designed to help the sentencing judge understand the impact of

the crime on the victim