8 Apr 2022


Criminal Procedure Rules on Extradition

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Criminal procedures are the rules used in the provision of safeguards against discriminative criminal laws. They help to enforce the constitutional rights of suspected criminals, right from the time they are arrested to the time they are sentenced and also, in their appeals. Criminal procedure rules govern the administration of justice in criminal cases. Constitutional provisions relating to criminal procedure are provided for in the U.S Const. amend. IV, V, VI, and VIII (Michael & Charles, 2010).

Extradition is representative of the state surrender of an individual to another state or nation, for purposes of criminal trial or punishment. In order for a criminal to be interstate extradited in the United States, several rules apply. These rules are provided for in the United States Constitution (SCLG). It requires the asking state’s prosecutor to give an executive demand to the state, communicating the fleeing of the fugitive. The requesting executive from Orange County, shall then give a copy of the affidavit or the indictment made before a magistrate, and charging the fugitive of treason, and felony amongst other crimes. The authenticity of this document must be certified either by the chief magistrate or by the governor of the state from which the fugitive has fled. The receiving executive in Arizona, will then call for the fugitive’s arrest, after which he will notify the Orange county executive, who shall appear in Arizona to receive Hurst within thirty days after his arrest, failure to which the fugitive may be released (Rodriguez, 2015). 

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Brook’s case involves a different country, and as such, the Unites States international extradition treaties shall have to come into place, regarding his extradition from Mexico. Extradition may only be granted pursuant to a signed treaty with the receiving country. Assuming they had a treaty with Mexico, the Orange County would have to direct its extradition request through the United States federal government, which then, will negotiate the extradition request with Mexico. The federal government then, shall issue an extradition package, containing an affidavit, certified copies of the arrest warrant, indictment, a photo of the suspect, and the witness statements. The judge, in Mexico, will then decide whether to extradite Brook and if he finds grounds not to, s/he will address these concerns to the United States authorities (Michael & Charles, 2010). 

Habeas Corpus is a legal term that simply means, produce the body. It is a civil suit against a prison warden, which challenges the constitutionality of a detention. . It is initiated by a person to test the legality of his detention by the government, whether in his own state or in a different state. Extradition orders cannot be appealed and the only remedy for Solano is to make a request for a writ of habeas corpus (Rodriguez, 2015). The proper Arizona Court will review the findings of the extradition magistrate, who is supposed to give a legal justification for her detention. The Arizona court will grant her the request, reason being, a writ of habeas corpus is a constitutional right for everyone in the United States, whether or not they have committed a crime, on grounds of violation of their constitutionally provided rights. 

Federal laws govern the extradition of fugitives from one state to another, whilst international extradition is governed by the treaties between nations, and also, by the laws of the nation that is considering extradition. Some nations refuse to offer extradition for their own citizens or if the person concerned is likely to face torture or is highly unlikely to receive fair trial in the country that has requested his/her extradition. In the case of Soering v. United Kingdom (1989), the European Court of Human rights ruled that the U.K was not supposed, under its treaty, to extradite an individual to the United States, as it was not able to give an assurance that a death penalty for this party would not be sought in Virginia.


SCLG. (n.d). California's Extradition Laws Penal Code sections 1548-1558 PC. Retrieved from http://www.shouselaw.com/extradition-laws.html

Michael, J. and Charles, D, (2010). Extradition To and From the United States: Overview of the Law and Recent Treaties. Retrieved from https://fas.org/sgp/crs/misc/98-958.pdf

Rodriguez, A. (2015). Understanding Extradition Laws in California. Retrieved from http://www.aerlawgroup.com/extradition/understanding-extradition.html

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StudyBounty. (2023, September 14). Criminal Procedure Rules on Extradition.


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