Jwenting From Netherlands, joined Apr 2001, 10213 posts, RR: 17
Reply 7, posted (10 years 9 months 1 week 1 day 20 hours ago) and read 1110 times:
Quoting Pope (Reply 5):
As opposed to Russia which is internationally known as a bastion of freedom, liberty and due process!
Not to mention north Korea where family members are guilty for "crimes" other family members commit just because they're family.
For example: if your grandson is found making a statement that he doesn't like Kim il Sung you are arrested as well for high treason and sent to a "reeducation" camp for the rest of your life.
Flybyguy From United States of America, joined Jun 2004, 1812 posts, RR: 1
Reply 8, posted (10 years 9 months 1 week 1 day 18 hours ago) and read 1086 times:
That's pretty funny. But I'm sure they'll use some sort of legal maneuver to mitigate the effects of that loophole. Like if you cross state borders after committing the crime then doesn't the FBI get involved? If so then it becomes a Federal crime and in Federal court I doubt that state level loophole exists.
"Are you a pretender... or a thoroughbred?!" - Professor Matt Miller
57AZ From United States of America, joined Nov 2004, 2586 posts, RR: 2
Reply 9, posted (10 years 9 months 6 days 16 hours ago) and read 1047 times:
Quoting Flybyguy (Reply 8): Like if you cross state borders after committing the crime then doesn't the FBI get involved? If so then it becomes a Federal crime and in Federal court I doubt that state level loophole exists.
Not exactly. The FBI may become involed for the purpose of locating the fugitive but they are not guilty of a federal crime unless they violate a specific provision of the United States Code either in the commission of the original offense or a subsequent offense. The FBI generally only gets involved at the request of the states involved if no violation of a federal law is involved. Usually, apprehension is achieved through cooperation of state law enforcement agencies or traffic stops that turn up warrants through NCIC (National Crime Information Center).
Just becase someone is held on a detainer (request for detention) from another state does not always mean that they will be extradited and prosecuted. First the states involved have to have a treaty with each other. Secondly, some states will not extradite for certain low level offenses where they feel it would not be worth their while to expend legal resources to litigate the extradition and actually send someone to pick up the prisoner. Here in AZ, a lot of prisoners that we have on detainer for offenses committed in other states are released because the demanding state will not extradite.
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