Constitutional laws are the laws and rights which originate from the United States Constitution, which has been in operation since 1789. These laws are said to embody the rules and regulations which govern the country, as well as the rights of the individuals who reside in it.
Constitutional laws regulate the federal, state, and local governments in the United States. They set the legal parameters for what the government can and cannot do, and outline the basic rights of its citizens. Additionally, each state in the United States also has its own constitution which governs its specific citizens.
Constitutional law is most commonly associated with certain fundamental rights, such as:
- Equal protection;
- The right to bear arms;
- Freedom of religion; and
- The right to free speech.
The United States Supreme Court is the authority on all constitutional law issues, in that the only thing that can override a decision made by the Supreme Court would be a constitutional amendment. This must be approved by three-fourths of the states. Any other laws or rules that Congress or a state creates cannot violate the Constitution.
The United States Constitution also established three distinct branches of government:
- The judicial branch;
- The executive branch; and
- The legislative branch.
Over the years, the Bill of Rights and additional amendments were added to the Constitution. The Bill of Rights and these constitutional amendments enumerate the rights of individuals. Some examples include:
- Assistance of counsel which applies to those who are accused of a crime, and stipulates that an attorney will be appointed for a defendant if they cannot afford to hire their own;
- Checks and balances, which is a system of government designed to prevent any one branch of the government from over exerting its power, and ensuring that the other branches are appropriately conducting their duties;
- Equal protection, which mandates that individuals and groups of individuals that are in similar circumstances must be treated the same according to the law;
- Due process, which means that those who are subject to the judicial system will be treated fairly and afforded their rights under the law;
- Freedom of speech, which is one of the defining civil liberties that guarantees an individual’s right to speech;
- Freedom of religion, which is a civil liberty stipulating the right, within the confounds of the law, to practice any religious beliefs;
- Judicial review, which is the right to have the courts review legislation in order to determine whether it is valid; and
- Separation of powers, which keeps the judicial, executive, and legislative branches separate and accountable for their own actions while simultaneously avoiding having an absolute ruler.
It is important to note that there are numerous rights which are guaranteed by the Constitution, but are not specifically mentioned in the document itself. Rather, they are inherently a part of the notion of liberty; as such, they are considered to be a constitutional right. These rights include, but may not be limited to:
- The right to travel across state lines;
- The right to marry;
- The right to raise children; and
- Privacy rights.
Each state is permitted to expand on the basic rules, regulations, and rights that are contained in the Constitution. However, they are not permitted to supersede, or override, the rights which are granted in the Constitution.
What Is Criminal Procedure?
Criminal procedure refers to the overall legal process of adjudicating claims for a person who is accused of violating criminal laws. The intention behind all criminal procedures is known as the “presumption of innocence,” which means that a suspect is considered to be innocent until they are proven guilty.
As such, the burden of proof is on the state prosecution to prove beyond a reasonable doubt that the defendant actually committed the crime in question. Criminal procedures include a variety of Constitutional protections for the defendant, which serve to prevent abuses of the justice system. Some examples of these protections include:
Criminal procedure can be thought of as a timeline beginning with the apprehension of the suspect, and ending with the final verdict or appeal. Additionally, procedural guidelines govern after-measures, such as probation or parole. Criminal procedure generally includes matters such as:
- Stop, detention, and arrest;
- Search and seizure;
- Booking and filing charges;
- Suspect and/or eyewitness lineup identifications;
- Appointment of counsel;
- Plea bargaining;
- Evidence;
- Trial;
- Sentencing;
- Appeal; and
- Probation and parole.
What Is Extradition?
Pursuant to the Extradition Clause of the U.S. Constitution (Article IV Section 2):
“A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.”
In short, extradition is the process by which one state or nation gives over a person for the purpose of ensuring that the individual is subject to criminal punishment or trial. Extradition ensures that the person who commits a crime in another state or country, and flees that state or country, does not simply get away with the crime. Rather, they must face the consequences of their criminal conduct.
Two groups of people can be extradited: people who have been charged with a serious crime but have not been tried, and those who have been tried and convicted of a crime but escaped custody, or who have been subject to conviction in absentia (without appearing in court).
In order for a state to extradite a criminal who is awaiting trial or punishment, the following rules apply:
- The state where the fugitive fled that requests extradition must demand extradition via executive authority;
- They must provide a copy of the indictment with the demand;
- The indictment must be for a serious offense such as treason or a felony;
- The documents demanding extradition must be certified by the state governor or chief magistrate;
- The state in which the fugitive has fled must notify the state, demanding the return of the fugitive;
- An agent of the state requesting extradition must make an appearance, generally within 30 days, in order to receive the prisoner; and
- If no agent has appeared within 30 days, the prisoner may be legally discharged.
What Is Required For International Extradition? Can Extradition Be Refused Or Rejected?
Extradition between different countries is governed by treaties, which differ in terms of the crimes which render a fugitive eligible for extradition. Additionally, each country has different laws governing how they address extradition requests.
Generally speaking, extradition between nations begins with the request for extradition from one nation to another. The nation determines what treaties are in place and what rules govern the extradition proceeding, based on the given treaty, as the treaty governs extradition and how the fugitive is to be treated. Notwithstanding, most countries refuse to extradite people who have already been found not guilty of criminal charges.
Extradition can be refused or rejected in the following circumstances:
- In international extradition, if the person has already been found not guilty of the charges;
- If documents for extradition are not prepared correctly;
- If the fugitive has not been properly charged with a crime in the state requesting extradition; and/or
- The person is not a fugitive, meaning they have not fled the scene of the crime.
Do I Need A Lawyer For Help With Extradition Proceedings?
Extradition proceedings can raise some serious issues in terms of a person’s individual liberty and rights. If you are involved in an extradition request, you should speak with a criminal lawyer immediately.
Your attorney can inform you of your legal rights and options, and will also be able to defend you in court, as needed, throughout the process.
