Waiving extradition

Question

From a recent newspaper article:"...Roche waived extradition to Denver, where he is to appear in federal court today."The phrase "waive extradition" seems to always be used this way (i.e., agreeing to extradition), but I can't see where that meaning comes from. It seems to me that what is really meant is "waiving one's right to oppose extradition". Is the way it's normally used a technical or legal sense, or is it just a journalese cliche that doesn't mean what it says?Ray Heindl(remove the X to reply)

Usenet · Accepted Answer

[nq:1]From a recent newspaper article: "...Roche waived extradition to Denver, where he is to appear in federal court today." The ... normally used a technical or legal sense, or is it just a journalese cliche that doesn't mean what it says?[/nq]
I think that what used to be waived was the extradition hearing, where you got to present an argument that you shouldn't be extradited.
Let's see what California Law actually says
1555.1. Any person arrested in this state charged with havingcommitted any crime in another state or alleged to have escaped from confinement, or broken the terms of his or her bail, probation or parole may waive the issuance and service of the Governor's warrant provided for in this chapter and all other procedure incidental to extradition proceedings, by subscribing in the presence of a magistrate within this state a writing which states that he or she consents to return to the demanding state; provided, however, that before such waiver shall be subscribed by such person, the magistrate shall inform him or her of his or her rights to require the issuance and service of a warrant of extradition as provided in this chapter.
(1)

In the next section, which appears to be about people on bail, parole, or the like, the phrase "waive extradition" does, indeed, occur:
1555.2. (a) If the arrested person refuses to sign a waiver ofextradition under Section 1555.1, a hearing shall be held, upon application of the district attorney, to determine whether the person is alleged to have violated the terms of his release within the past five years on bail or own recognizance while charged with a crime punishable in the charging state by imprisonment for a term exceeding one year, or on probation or parole following conviction of a crime punishable in the state of conviction by imprisonment for a term exceeding one year, and whether, as a condition of that release, the person was required to waive extradition.
(b) At the hearing, the district attorney shall present a certified copy of the order from the other state conditionally releasing the person, including the condition that he was required to waive extradition together with a certified copy of the order from the other state directing the return of the person for violating the terms of his conditional release. The magistrate shall accept these certified copies as conclusive proof of their contents and shall presume the validity of the extradition waiver condition.
So it looks as though it's more than simply "journalese".

(1) Hey, I think that's the first actual tinyurl word I've seen.

Evan Kirshenbaum + HP Laboratories >This isn't good. I've seen good,
1501 Page Mill Road, 1U, MS 1141 >and it didn't look anything likePalo Alto, CA 94304 >this.

(650)857-7572
http://www.kirshenbaum.net/

Usenet · Answer

[nq:1]http://tinyurl.com/meow (1)[/nq]
[nq:1](1) Hey, I think that's the first actual tinyurl word I've seen.[/nq]
Try tinyurl.com/****.
-Aaron J. Dinkin
Dr. Whom

Waiving extradition

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