PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 07458 17-1.

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PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Chapter 17 Collateral Proceedings This chapter examines: Extradition Writs Writ of habeas corpus Uniform Criminal Extradition Act Writ of certiorari

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 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

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 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

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 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

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ Writ of Habeas Corpus The great writ 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.

PROCEDURES IN THE JUSTICE SYSTEM, 8 th ed. Roberson, Wallace, and Stuckey PRENTICE HALL ©2007 Pearson Education, Inc. Upper Saddle River, NJ 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.