Question 1

The Uniform Criminal Extradition Act makes it unnecessary to prove that the accused:

Accepted Answer

D

Question 2

Upon receipt of extradition papers the governor of the asylum state will review them to determine if the fugitive:

Accepted Answer

The governor of the asylum state reviews extradition papers to determine if the fugitive should be surrendered to the demanding state, ensuring the legal requirements for extradition are met.

Question 3

The primary purpose of the writ of habeas corpus is to:

Accepted Answer

The primary purpose of the writ of habeas corpus is to challenge the legality of a person's detention or imprisonment and potentially obtain their release if they are found to be unlawfully detained.

Question 4

If a governor refuses to honor a request for extradition, the governor may:

Accepted Answer

Extradition between states is governed by the U.S. Constitution and federal law, but it also involves a degree of discretion on the part of the governors. A governor's refusal to extradite is not a punishable offense, and they cannot be compelled to comply with the extradition request.

Question 5

International extradition is based entirely upon:

Accepted Answer

International extradition is primarily based on treaties between countries that agree upon the conditions under which they will extradite individuals to one another.

Question 6

In order to extradite an accused, there must be:

Accepted Answer

An outstanding arrest warrant for the accused is a primary requirement for extradition, as it legally formalizes the request for the transfer of the accused from one jurisdiction to another for trial or imprisonment.

Question 7

An order from a higher court to a lower court ordering a case sent up for review is called a writ of:

Accepted Answer

A writ of certiorari is a type of court order in which a higher court requests a lower court to send up the records of a case for review. This is commonly used by appellate courts, including the Supreme Court, to review decisions of lower courts.

Question 8

Interstate extradition is also known as:

Accepted Answer

Rendition refers to the process of returning a fugitive from one state to another under the provisions of the U.S. Constitution or other legal agreements.

Question 9

The state in which the fugitive is located is generally referred to as the ________ state.

Accepted Answer

The state in which the fugitive is located is generally referred to as the "asylum" state, as it is the state that provides refuge or shelter to the fugitive.

Question 10

The state which is seeking the fugitive is generally referred to as the ________ state.

Accepted Answer

The answer of The state which is seeking the fugitive...

Question 11

Which of the following is NOT required on the application for extradition from one state to another?

Accepted Answer

The identified maximum punishment for the offense is not typically required on an application for extradition between states. Extradition applications generally need to include the name of the fugitive, the crime charged, and the approximate time and date of the offense to ensure proper identification and understanding of the case.

Question 12

The application for extradition from one state to another is presented to what public official of the host state?

Accepted Answer

The application for extradition from one state to another is typically presented to the Governor of the host state. The Governor has the authority to approve or deny extradition requests based on the laws and agreements between states.

Question 13

An extradition hearing is usually set within ________ after the arrest.

Accepted Answer

An extradition hearing is usually set within a few days after the arrest.

Question 14

The Unlawful Flight to Avoid Prosecution statute permits the federal government, through the ________, to assist in locating and arresting badly wanted fugitives.

Accepted Answer

The Federal Bureau of Investigation (FBI) is responsible for assisting in locating and arresting fugitives under the Unlawful Flight to Avoid Prosecution statute.

Question 15

When a fugitive is identified as having left the state where a crime was committed, what can the local prosecuting attorney have issued?

Accepted Answer

The answer of When a fugitive is identified as having...

Question 16

What crime in most instances is excluded in an international extradition case?

Accepted Answer

Political crimes are often excluded from international extradition treaties or agreements because they can be subjective and based on the political context of the requesting country. This exclusion is meant to protect individuals from persecution for their political beliefs or actions that are not universally recognized as criminal.

Question 17

International extradition is handled in the United States through the:

Accepted Answer

The Department of State handles international extradition in the United States, as it deals with foreign affairs and international relations, including treaties and agreements with other countries regarding extradition.

Question 18

The writ of ________ is automatically issued in most jurisdictions to review a case when the death penalty is imposed to determine whether the facts warrant a conviction and the imposition of the death penalty.

Accepted Answer

The writ of certiorari is often automatically issued in jurisdictions to review death penalty cases, ensuring that the conviction and imposition of the death penalty are warranted by the facts of the case. This process is a critical part of the appellate review in capital cases.

Question 19

The U.S. Supreme Court issues this writ to review the decision of a state appellate court when there may be a possible denial of a U.S. constitutional guarantee.

Accepted Answer

The U.S. Supreme Court issues a writ of certiorari to review the decisions of lower courts when there may be a question regarding the interpretation or application of a U.S. constitutional guarantee. This process allows the Supreme Court to decide which cases it will hear, focusing on those with significant legal principles.

Question 20

The U.S. Supreme Court decision in the ________ case held that a prospective juror could not be challenged for cause just because the juror had reservations against the death penalty.

Accepted Answer

The U.S. Supreme Court decision in the Witherspoon v. Illinois case held that a prospective juror could not be challenged for cause based solely on their reservations against the death penalty, unless those reservations would prevent them from making an impartial decision about the defendant's guilt.

Quiz 14: Collateral Proceedings and Writs