18 U.S.C. § 3190 — Evidence on hearing

Page 745 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3192 No person shall be held in custody under tele- graphic request by virtue of this section for more than ninety days. (June 25, 1948, ch. 645, 62 Stat. 824.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 662d (Mar. 22, 1934, ch. 73, § 3, 48 Stat. 455). Provision for expense to be borne by the demanding authority is incorporated in section 3195 of this title. Changes were made in phraseology and arrangement. § 3188. Time of commitment pending extradition Whenever any person who is committed for rendition to a foreign government to remain until delivered up in pursuance of a requisition, is not so delivered up and conveyed out of the United States within two calendar months after such commitment, over and above the time ac- tually required to convey the prisoner from the jail to which he was committed, by the readiest way, out of the United States, any judge of the United States, or of any State, upon application made to him by or on behalf of the person so committed, and upon proof made to him that reasonable notice of the intention to make such application has been given to the Secretary of State, may order the person so committed to be discharged out of custody, unless sufficient cause is shown to such judge why such discharge ought not to be ordered. (June 25, 1948, ch. 645, 62 Stat. 824.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 654 (R.S. § 5273). Changes in phraseology only were made. § 3189. Place and character of hearing Hearings in cases of extradition under treaty stipulation or convention shall be held on land, publicly, and in a room or office easily acces- sible to the public. (June 25, 1948, ch. 645, 62 Stat. 824.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 657 (Aug. 3, 1882, ch. 378, § 1, 22 Stat. 215). First word ‘‘All’’ was omitted as unnecessary. § 3190. Evidence on hearing Depositions, warrants, or other papers or cop- ies thereof offered in evidence upon the hearing of any extradition case shall be received and ad- mitted as evidence on such hearing for all the purposes of such hearing if they shall be prop- erly and legally authenticated so as to entitle them to be received for similar purposes by the tribunals of the foreign country from which the accused party shall have escaped, and the cer- tificate of the principal diplomatic or consular officer of the United States resident in such for- eign country shall be proof that the same, so of- fered, are authenticated in the manner required. (June 25, 1948, ch. 645, 62 Stat. 824.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 655 (R.S. § 5271; Aug. 3, 1882, ch. 378, § 5, 22 Stat. 216). Unnecessary words were deleted. § 3191. Witnesses for indigent fugitives On the hearing of any case under a claim of extradition by a foreign government, upon affi- davit being filed by the person charged setting forth that there are witnesses whose evidence is material to his defense, that he cannot safely go to trial without them, what he expects to prove by each of them, and that he is not possessed of sufficient means, and is actually unable to pay the fees of such witnesses, the judge or mag- istrate judge hearing the matter may order that such witnesses be subpenaed; and the costs in- curred by the process, and the fees of witnesses, shall be paid in the same manner as in the case of witnesses subpenaed in behalf of the United States. (June 25, 1948, ch. 645, 62 Stat. 825; Pub. L. 90–578, title III, § 301(a)(3), Oct. 17, 1968, 82 Stat. 1115; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 656 (Aug. 3, 1882, ch. 378, § 3, 22 Stat. 215). Words ‘‘that similar’’ after ‘‘manner’’ were omitted as unnecessary. Editorial Notes AMENDMENTS 1968—Pub. L. 90–578 substituted ‘‘magistrate’’ for ‘‘commissioner’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Words ‘‘magistrate judge’’ substituted for ‘‘mag- istrate’’ in text pursuant to section 321 of Pub. L. 101–650, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amend- ment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure. § 3192. Protection of accused Whenever any person is delivered by any for- eign government to an agent of the United States, for the purpose of being brought within the United States and tried for any offense of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safekeeping of such ac- cused person, and for his security against law- less violence, until the final conclusion of his trial for the offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such offenses, and for a reasonable time there- after, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused. (June 25, 1948, ch. 645, 62 Stat. 825.)