Hurst and Brook were two people in NewPort Beach, Orange County, California, who robbed a First National Bank. Later, the two men went to Arizona and divided the money. Hurst met his friend, Solana, in Arizona, and Brook was crossing the Mexican border. Hurst and Solana were both arrested because of a tip to the Nogales Police. During an interrogation, Hurst told the Nogales police that Brooks had flown to Mexico. The Mexican authorities, locating Brooks, contact the Nogales Police and arrest him. Now, Brook and Hurst have to extradite their crimes for Orange County, California. Solana needs to file a habeas corpus writing.
The prosecutor of Orange County must take the proper steps to extradite Hurst from the Arizona state. The first step would be the issuing of an Extradition Warrant by a Governor. Hurst would have had to issue a return warrant since he is detained in Arizona, California. The court of custody of the Nogales Police Department must ensure that Hurst is exactly the custodian. Hurst would be returned to California for criminal charges.
The Orange County Prosecutor must take action for Brook to return to California to extradite Brook from Mexico. The Office of International Affairs must be asked for extradition. Since the United States and Mexico have an extradition treaty, Mexico will decide to send Brook to California. It will examine Mexico’s international commitments and national legislation to determine that Brook’s crime in Mexico is indeed a crime (Efrat & Newman, 2020). For its illegal activities, Mexico will turn Brook over to California custody. Eventually, it will be determined by both countries if Brook is returned to California. That will provide that the crime perpetrated by the Brook is a crime in Mexico and that the court shall consider the obligations of the State to the Treaty as the national laws. Brook will be returned to California to face the charges.
Habeas corpus is considered when an individual wants to violate the legitimacy of a court decision. Habeas corpus is used where there is a need to justify a suspect/detention. The Nogales police have arrested prisoners because of their involvement with Hurst. Solana should demonstrate her innocence and can get her habeas corpus issued by the tribunal. Anyone denied their rights is obliged to make a habeas corpus petition (Efrat & Tomasina, 2018). Thus, it should have been considered rightful to appeal a habeas corpus document in this case. Ideally, it is because of her connection with Hurst, and the Nogales Police Departments arrested Solana. Solana may clear her name, and the habeas corpus can free her from the court. Anyone deprived of his rights is entitled to a habeas corpus petition.
The explanation for the Habeas’ replenishment is that Solana did not know the theft. Solana files to the court of Arizona writing of Habeas Corpus, which may convince the court to release her. Habeas Corpus has been used to justify the arrest of an inmate. The Nogales Police Department arrested only Solana in partnership with Hurst. Solana would have proven her innocence by having a corpus and be released by the court. Both Hurst and Brook are returned to California custody. They are both taken to trial and accused of the First National Bank’s robbery. Habeas corpus would free to go for Solana, as the Arizona court agreed to Solana’s Habeas corpus. Eventually, Solana would be free to go back to her normal lifestyle.
References
Efrat, A., & Newman, A. L. (2020). Defending core values: Human rights and the extradition of fugitives. Journal of Peace Research, 57(4), 581-596.
Efrat, A., & Tomasina, M. (2018). Value-free extradition? Human rights and the dilemma of surrendering wanted persons to China. Journal of Human Rights, 17(5), 605-621.