Criminal Procedure Final
Procedural steps to extradite Hurst
Extradition is the legal process used to return a fugitive running away from facing justice back to the state in which an alleged crime occurred. In California extradition can happen in two ways; extradition into and out of the state. In the given scenario, the extradition that is involved is the State where Hurst needs to be extradited from Arizona while Brook needs to be extradited from Mexico.
There is an outlined process that the Orange County prosecutor will take when extraditing Hurst from Arizona (Bassiouni, 2008).The process will kick off with the Orange County Prosecutor issuing a demand to the Arizona, which is the asylum state where hurts have run.
This will be followed by the Orange County prosecution sending a law enforcement agent to Arizona State who will be tasked with the responsibility of placing Hurst in Custody. This should take place within 30 days after the arrest of the offender by the Asylum state.
Lastly, the law enforcement agency will transport Hurst back to California where he will have to answer to charges against him, be sentenced, and incarcerated if appropriate. The extradition process is guided by section 50.34 of the penal code. The extradition process is influenced by factors such as the circumstance of the alleged offense, nature of the alleged offense and as well as the severity.
The fugitive’s criminal record and the evidence available also play a role during the extradition process. There are some offences for instance for which the cost of extradition would be too high compared to the punishment being sort and thus the extradition process maybe forgone. If the suspect is a first time offender and not likely to commit such acts in future, extradition may not be necessary.
Procedural steps to extradite Brook
For the case of Brook, international extradition process will be involved as he has moved to Mexico. Treaties between nations concerned in this case United States and Mexico govern such extradition (Bassiouni, 2014). The US has a treaty with Mexico, which dates back to January 1980. Therefore, it would be possible for Brook to be extradited from Mexico.
The process will involve the prosecutor providing the Mexican authorities with an affidavit, certified copy of an indictment, certified copy of warrants of arrest witness declaration among other documents that may be requested by the Mexican authorities (Magnuson, 2011). Upon receiving the request supported by relevant documents, the receiving nation will examine its treaty obligation as well as its laws on extradition and make a determination of whether to release the alleged offender.
Writ of habeas corpus
An appeal for writ of habeas corpus is utilized when a person intends to attack the validity of a court decision or a state course of action. Its argument is that a petitioner has either been unlawfully imprisoned or subjected to any other form of restraint in whichever way. As per the California Constitution, any person improperly deprived of their liberties has right for petitioning for a writ of habeas corpus (Redish & McNamara, 2010). In the given case, Solana has every right to file for the writ of habeas corpus. This is because he was not aware of the robbery and was not involved in it. The court should rule to the effect that the police have to release Solana, as he not entitled to prosecution because of the alleged offenses. Therefore, they need to compel the police to set him free.
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