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Week 8 Notes

by: Nicole Wolfe

Week 8 Notes CJ 342

Nicole Wolfe

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About this Document

These notes contain the 3rd part of chapter 17
Criminal Procedure
Kristi Venhuizen
Class Notes
Criminal Justice
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This 2 page Class Notes was uploaded by Nicole Wolfe on Thursday March 17, 2016. The Class Notes belongs to CJ 342 at University of North Dakota taught by Kristi Venhuizen in Spring 2016. Since its upload, it has received 33 views. For similar materials see Criminal Procedure in Criminal Justice at University of North Dakota.

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Date Created: 03/17/16
Chapter 17 Part 3 Extradition  Surrender – on demand, of an individual accused or convicted of an offense committed within the territorial jurisdiction of the demanding government and outside the territory of the ceding government  Objective to prevent the escape of persons who stand accused or convicted and secure their return to the jurisdiction from which they fled.  Extradition between nations is regulated by treaties. o Usually requires the nation to agree that the crime is a serious one and that the penalty will not be disproportionate to the crime  Uniform Extradition and Rendition Act o N.D.C.C. 29-30.3-05 o N.D.C.C. 29-30.3-06 o N.D.C.C. 29-30.3-09 o N.D.C.C. 29-30.3-10.1 Jurisdiction and Venue  Court must have jurisdiction over the subject matter and parties to the case o States must have authority over persons and crimes that occur in their state  Venue – refers to the place of the trial o Sixth Amendment provides for trials to occur in the state and district where the crime was committed o Applies to the states through the 14 Amendment  Change of venue – motion to change the venue of the case if one of the parties does not believe it can receive a fair that in the venue where the crime occurred  Factors for the courts to consider o Nature of the pretrial publicity o Connection of government officials with release of information o Length of time elapsing between the dissemination of the publicity and the trial o Severity and notoriety of the offense o Area from which the jury is to be drawn o Other events occurring in the community o Any factor likely to affect the candor and veracity of the perspective jurors  Party requesting he change of venue has the burden of showing the necessity for the change o Typically a defendant who requests the change  N.D.R. Crim. P. 18  N.D.R. Crim. P. 19 Joinder and Severance  Joinder of offenses: o 3 situations:  Same criminal event  2 criminal acts tied together  2 criminal acts that are the same or similar in character o Must consider the Double Jeopardy Clause o Blockburger Test – whether each provision of the criminal law requires proof of an additional fact that the other does not o Bars successive prosecution for the “same offense” o Cannot be convicted of a lesser included offense  Defense concerns: o Jury will not consider the criminal acts separately o Jury will view the evidence in a cumulative fashion o Cannot assert different defenses to the different criminal acts  Severance of offenses: o 2 or more related offenses are charged in a single indictment or information o Necessary to fair determination of guilt o Defendants seeking severance bears the burden  Joinder or severance of parties o Prosecutors have broad discretion to decide whether to prosecute multiple parties together or separately o Separate trials are needed when prosecution has evidence to use against one party and not the other o Separate trials when the parties are going to pursue separate defenses, when their interests are antagonistic, when one party chooses to testify, etc. o Severance only necessary when a trial right is compromised or prevent the jury room making a reasonable determination of guilt o Redaction:  Process of editing a confession so that it can be used at a joint trial without implicating the other parts  Supreme court not in favor of this process  N.D.R. Crim. P. 8  N.D.R. Crim. P. 13  N.D.R. Crim. P. 14


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