Presentation on theme: "Extradition. Interstate also known as rendition. Between states- governor to governor. Most states have adopted the Uniform Criminal Extradition Act. Not."— Presentation transcript:
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.
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.
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.
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.
Writ of Habeas Corpus Purpose 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.
If court finds probable case, court issues writ which directs the individual holding the prisoner to come to court and justify the confinement.
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.
Also used frequently in death penalty cases.
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
Violence Against Women Act VAWA enacted National Institute of Justice (NIJ) mandated to: Develop research agenda. Assess state databases. Study abusive relationships Examine Battered Woman Syndrome
Study abusive relationships. Examine Battered Woman Syndrome
Restitution 1982 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.
Advance the concept of personal responsibility. Punishment to the offender
Compensation 1984—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.
Victim Impact Statements Presented 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