Deck 14: Collateral Proceedings and Writs

Question 1

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

A) knows that he is a fugitive.
B) has committed a crime.
C) has left the state.
D) has fled the state.

Answer 1

has fled the state.

Question 2

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

A) has committed a crime.
B) should be surrendered to the demanding state.
C) has fled the demanding state.
D) is guilty of the crime charged.

Answer 2

should be surrendered to the demanding state.

Question 3

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

A) obtain the release of one unlawfully detained.
B) bring a case to trial.
C) appeal a conviction.
D) be taken before a magistrate without unnecessary delay.

Answer 3

obtain the release of one unlawfully detained.

Question 4

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

A) be held in contempt by the court.
B) be prosecuted for aiding a fugitive.
C) not be forced to comply with the request.
D) try the fugitive in his or her state courts.

Question 5

International extradition is based entirely upon:

A) common law.
B) tradition.
C) the United Nations.
D) treaties.

Question 6

In order to extradite an accused, there must be:

A) evidence that the accused fled the state.
B) evidence that the accused is dangerous.
C) an outstanding arrest warrant for the accused.
D) an agreement between the states.

Question 7

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

A) certiorari.
B) review.
C) habeas corpus.
D) appellate brief.

Question 8

Interstate extradition is also known as:

A) probation.
B) rendition.
C) demand for fugitive.
D) certification.

Question 9

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

A) asylum
B) requesting
C) fugitive
D) other

Question 10

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

A) asylum
B) requesting
C) fugitive
D) demanding

Question 11

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

A) The name of the fugitive
B) The crime charged
C) The approximate time and date of the offense
D) The identified maximum punishment for the offense

Question 12

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

A) Secretary of State
B) State Attorney General
C) Governor
D) Lieutenant Governor

Question 13

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

A) a few days
B) five days
C) five business days
D) seven days

Question 14

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

A) U.S. Marshal Service
B) U.S. Secret Service
C) Federal Bureau of Investigation (FBI)
D) Federal Warrant Task Force

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?

A) A local warrant of arrest
B) A subpoena duces tecum
C) A federal detention order
D) A judicial extradition capias

Question 16

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

A) Treason
B) Kidnapping
C) White collar crimes
D) Political crimes

Question 17

International extradition is handled in the United States through the:

A) White House.
B) Department of State.
C) Department of Defense.
D) U.S. Immigration and Customs Enforcement.

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.

A) habeas corpus
B) certiorari
C) detainer
D) sequestration

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.

A) Habeas corpus
B) Certiorari
C) Detainer
D) Sequestration

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.

A) Witherspoon
B) Lowrey
C) Smithson
D) Johnson

Question 21

International extradition is based on unwritten customs.

Question 22

A person extradited from a foreign country can be tried only on the offense for which he or she was extradited.

Question 23

Interstate extradition is based on federal statutes rather than the Constitution.

Question 24

When a writ of habeas corpus is granted, the individual is entitled a hearing on the legality of his or her confinement.

Question 25

A writ is defined as a mandatory precept.

Question 26

Not all fugitives wanted in another state are first arrested on a governor's warrant.

Question 27

The primary purpose of the writ of habeas corpus is prevent unfair searches.

Question 28

One requirement for extradition is that there must be a warrant of arrest outstanding against the individual sought to be extradited.

Question 29

Presently, the federal Unlawful Flight Statute applies only to a few major crimes.

Question 30

The Uniform Criminal Extradition Act applies only to international extraditions.

Question 31

In most states, the judge of the inferior court has no authority to issue a writ of habeas corpus.

Question 32

Interstate extradition is based upon Article IV, Section 2, of the U.S. Constitution.

Question 33

Most states have adopted the Uniform Criminal Extradition Act.

Question 34

A fugitive is entitled to the assistance of counsel at an extradition hearing and to present evidence in his or her own behalf.

Question 35

All fugitives wanted in another state are first arrested on a governor's warrant.

Question 36

Collateral proceedings refer to those proceedings that are not part of the normal judicial process involved in the conviction and sentencing or the acquittal of a defendant but that are a necessary part of the criminal justice system.

Question 37

The writ of habeas corpus has been termed the "________"because its purpose is to obtain the prompt release of one who is being unlawfully detained.

Question 38

After determining that an accused suspect is in another state, the prosecuting attorney of the county in which the crime was committed will make an application to the ________ of his or her state seeking action.

Question 39

The laws of most states permit a temporary ________ of the arrested person until extradition proceedings can be instituted.

Question 40

The U.S. Constitution provides that a person charged with a crime who has fled a state shall, upon demand, be "________" to the demanding state.

Question 41

If a fugitive is extradited from a foreign country, he or she may be prosecuted only on the ________ charge.

Question 42

Legally, a(n) ________ is defined as a mandatory precept, under seal, issued by a court, and commanding the person to whom it is addressed to do or not to do some act.

Question 43

The writ of ________ is the way that the death penalty in state criminal trials is traditionally attacked in federal court.

Question 44

The writ of certiorari is granted by a state ________ to review a lower court's decision in order to establish guidelines to be followed in future cases by either trial judges or lower appellate courts.

Question 45

Generally, the U.S. Supreme Court accepts only about ________ percent of the writs that are filed with the Court.

Question 46

The early use of the writ of ________ was limited to obtaining the immediate release of one unlawfully restrained.

Question 47

Explain the importance of the writ of habeas corpus.

Question 48

How is extradition accomplished?

Question 49

Explain the writ of certiorari.

Question 50

What is the difference in interstate and international extraditions?

Question 51

Explain the main provisions of the Uniform Criminal Extradition Act.

Question 52

Why may a state governor choose not to extradite a wanted subject back to the demanding state?

Question 53

Why would political crimes be excluded from international extradition treaties?