Friday, October 27, 2006


Recent events prompted me to reread the standards for extradition. It has been suggested by some that the District Attorney's role in such matters is limited.

To clarify on this point, below are excerpts from the text of Section 570.54 of New York's Criminal Procedure Law. I've added boldface for emphasis.

1. When the return to this state of a person charged with crime in this state is required, the district attorney of the county in which the offense was committed ... shall present to the governor his written application ... [stating] the name of the person so charged, the crime charged against him, the approximate time, place, and circumstances of its commission, ... and certifying that, in the opinion of the said district attorney ... the ends of justice require the arrest and return of the accused to this state for trial ....

One would think that in order to state the circumstances and certify the opinion, the district attorney might need to read the file.


Anonymous said...

I am a civilian, not a lawyer, but it would seem to make sense to obtain an indictment before atempting an extradition

Unknown said...

Regarding Ed's comment, I've heard that from one current prosecutor and one former prosecutor.