609
Evidence of Conviction
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For fugitives who have been convicted and either escaped or
otherwise
failed to complete their sentences, extradition treaties dispense with the
requirement of establishing the crime through affidavits. Instead, the
treaties
require proof of conviction. In United States practice, conviction means a
finding of guilt (i.e., a jury verdict or finding of fact by the judge) and
imposition of sentence. If the defendant fled after the verdict but before
sentencing, he or she has not been convicted, and the prosecutor must supply
the
affidavits described in this Manual at 608,
unless the
treaty specifically equates conviction with a finding of guilt.
The conviction may be proved by a certified copy of the Judgment
and
Commitment Order or the equivalent state form. Proof that the fugitive is
unlawfully at large may take the form of an affidavit from the warden of the
institution from which the fugitive escaped, or from the marshal if the
fugitive
failed to surrender after sentencing. The time remaining to be served (not
counting reductions for good behavior) must be stated.
The facts and procedural history of the case must be explained
fully
and clearly in the prosecutor's affidavit, particularly if the defendant was
sentenced in absentia. Evidence of the fugitive's identity as described in
this
Manual at 608, must be attached to the
prosecutor's
affidavit, together with the statutes under which the fugitive was
convicted.
See this Manual at 607. Most civil law
countries have a statute of limitations on the time for execution of a
sentence.
The prosecutor's affidavit should therefore include an express statement
that
execution of the sentence is not barred by any statute of limitations under
United States law.
If the fugitive has been charged with escape, check with the Office
of
International Affairs to see whether escape is an extraditable offense in
the
country of refuge. If not, the warrant for the charge of escape may be
unnecessary because the fugitive cannot be tried for that offense. If it is
an
extraditable offense, the prosecutor must proceed on that charge as for an
offense for which the fugitive has not been convicted. See this Manual at 605 and 606.
[cited in Criminal Resource Manual 605; Criminal Resource Manual 608; USAM 9-15.240] | |