Items related to New Criminal Procedure Volume 1; Or, New Commentaries...
New Criminal Procedure Volume 1; Or, New Commentaries on the Law of Pleading and Evidence and the Practice in Criminal Cases - Softcover
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 Excerpt: ...1. Offences against United States--Our general government has a local jurisdiction in the States;64 so that it needs no help from a State to arrest one within its limits. And there are statutes providing for the removal for trial of persons from one district to another.65 There can be no removal for a preliminary examination, the place for which is the district of the arrest.88 Such examination may be founded on a valid indictment in the other district.87 But the removal will not be ordered if the indictment is invalid.88 2. Territory.--The national statute we are considering, broader than the Constitution, yet not in conflict with it, provides for the surrender as between the States and Territories; its words being, "the executive authority of any State or Territory," etc.69 III. Under Treaties with Foreign Nations. §224. 1. Statutes in Aid of Treaties.--Some treaties require statutes to give them effect, others not.70 Extradition ones are party of the former sort,71 not fully.72 Congress has supplied the needed legislation by general provisions, not by a statute for each treaty.73 2. Rules Regulating the Taking of Evidence.--In foreign extradition taking testimony and examining the accused are conducted according to the law of the state where the proceedings are had. If the accused may by statute testify on his preliminary examination he may in extradition to speak for himself.1 Generally common law criminal procedure does not apply fully to international extradition. The character and form of the evidence are determined hy treaties and statutes which are controlling and usually the accused is not entitled to be confronted with the witnesses.2 Documentary evidence has equal credit and weight with oral testimony. The federal commissioner sho...
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- PublisherRarebooksclub.com
- Publication date2012
- ISBN 10 1130314693
- ISBN 13 9781130314694
- BindingPaperback
- Number of pages106
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