Post by Star_no_StarI heard that non violent offenders could not be extradited in the
state of Oregon... is this true?
Oregon Rev. Stats. 133.747 (EMPH. ADDED)
[I]t is the duty of the Governor of this state to
have arrested and delivered up to the executive
authority of any other state of the United States
any person charged in that state with treason, felony,
OR OTHER CRIME, who has fled from justice and
is found in this state.
Naisbitt v. Raichl, 141 Or.App. 205, 208, 917 P.2d 59:
Interstate extradition is intended to be a summary
and mandatory executive proceeding derived from
the language of Article IV, section 2, of the United
States Constitution. Michigan v. Doran, [infra].
The courts of an asylum state are bound by the
constitution and, where adopted [as in Oregon], by
the [Uniform Criminal Extradition Act], and a governor's
grant of extradition is prima facie evidence that the
constitutional and statutory requirements have been
met.
Michigan v. Doran, 439 U.S. 282, 288, 99 S.Ct 530, 534-35:
Once the governor has granted extradition, a court
considering release on habeas corpus can do no more
than decide (a) whether the extradition documents,
on their face, are in order; (b) whether the petitioner
has been charged with a crime in the demanding state;
(c) whether the petitioner is the person named in the
request for extradition; and (d) whether the petitioner
is a fugitive.