ARREST BY POLICE COMPUTER - THE CONTROVERSY OVER BAIL AND EXTRADITION

• NCJ Number: 29431
• Author(s): J J MURPHY
• Date Published: 1975
• Length: 153 pages
• Grant Number(s): 74-NI-99-0034
• Sponsoring Agency: US Dept of Justice; US Dept of Justice NIJ Pub
• Sale Source: Lexington Books; National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

DISCUSSION OF THE NEED FOR REFORM OF THE BAIL AND EXTRADITION LAWS IN LIGHT OF POLICE INCREASED CAPABILITIES IN FUGITIVE RETRIEVAL CAUSED BY THE USE OF COMPUTERIZED FILES ON WANTED PERSONS.

Abstract

THE AUTHOR CONTENDS THAT THE ADVENT OF A NETWORK OF CONNECTED STATE, REGIONAL, AND NATIONAL COMPUTERIZED DATA BASES ON PERSONS SUBJECT TO ARREST WARRANTS, INCLUDING PERSONS WHO FAIL TO APPEAR AFTER A BAIL RELEASE, AND THE ABILITY TO EQUIP POLICE ON FOOT OR AUTOMOBILE PATROL WITH MOBILE TERMINALS THAT PROVIDE DIRECT ELECTRONIC ACCESS TO COMPUTERIZED DATA BASES ON WANTED PERSONS HAS SIGNIFICANTLY INCREASED THE INVOLVEMENT OF POLICE IN THE RETRIEVAL OF FUGITIVES. THIS BOOK REVIEWS THE STATE OF THE ART OF POLICE COMPUTERIZED COMMUNICATIONS ON WANTED PERSONS AND CONSIDERS THE SOCIAL AND LEGAL IMPLICATIONS OF ENORMOUS INCREASES IN THE TECHNOLOGICAL CAPABILITY OF THE POLICE TO LEARN THE WANTED STATUS OF PERSONS. DISCUSSED ARE THE POTENTIAL PRIVACY INVASIONS TO PERSONS SUBJECT TO THESE FILES, THE RIGHT OF PERSONS TO BE RELIEVED FROM HARM DUE TO ARREST BASED ON STALE AND INACCURATE INFORMATION IN COMPUTERS, AND POLICE DISREGARD OF INADEQUATE AND OUTDATED EXTRADITION LAWS. ARGUMENTS FOR THE REVISION OF THE UNIFORM CRIMINAL EXTRADITION ACT, THE STATE EXTRADITION LAW, ARE PRESENTED. THE REPLACEMENT OF BAIL BONDSMEN WITH POLICE FOR THE RETRIEVAL OF FUGITIVES IS RECOMMENDED. ALSO CONSIDERED ARE THE EXTRADITION OF FUGITIVES, THE INTERRELATIONSHIP BETWEEN EXTRADITION, STATE POWER, CONSTITUTIONAL CONTROL, AND THE CASE LAW CONCERNING FUGITIVES WANTED BY MORE THAN ONE STATE. IN ADDITION, A NEW TWO-TIERED SYSTEM OF STATE EXTRADITION IS PROPOSED. FOR DISTANCES LESS THAN 100 MILES, THE DECISION TO RETURN THE PERSON IS MADE BY THE JUDICIARY OF THE ASYLUM STATE, NOT THE GOVERNOR, AND IS NOT APPEALABLE IN THE ASYLUM STATE. THE DECISION TO RETURN A PERSON TO A PLACE OF TRIAL OVER 100 MILES FROM THE PLACE OF ARREST IS SUBJECT TO A NUMBER OF CONTROLS. THESE INCLUDE FINDING BY A JUDGE IN THE ASYLUM STATE OF PROBABLE CAUSE TO BELIEVE CRIMINALITY, A PROVISION FOR REFUSAL OF THE EXTRADITION REQUEST BY THE GOVERNOR OF THE ASYLUM STATE, AND THE RIGHT TO APPEAL THE JUDICIAL DECISION TO RETURN THE PERSON. A BIBLIOGRAPHY OF BOOKS, DOCUMENTS, REPORTS, PERIODICALS, INTERSTATE AGREEMENTS, STATE LAWS, AND RELEVANT FEDERAL AND STATE JUDICIAL DECISIONS IS PROVIDED, ALONG WITH AN ALPHABETICAL INDEX. (SNI ABSTRACT)