NCJ Number
52648
Journal
Vanderbilt Law Review Volume: 31 Issue: 4 Dated: (MAY 1978) Pages: 1017-1054
Date Published
1978
Length
38 pages
Annotation
BACKGROUND INFORMATION CONCERNING THE INTERSTATE AGREEMENT ON DETAINERS (IAD) IS PRESENTED, AND VARIOUS FEDERAL INTERPRETATIONS OF THE IAD ARE CONSIDERED IN TERMS OF PRISONERS AND PROSECUTORS.
Abstract
A DETAINER IS A NOTICE FILED WITH THE INSTITUTION IN WHICH A PRISONER IS SERVING A SENTENCE, ADVISING THAT THE PRISONER IS WANTED TO FACE PENDING CRIMINAL CHARGES IN ANOTHER JURISDICTION. THE PURPOSE OF THE INTERSTATE AGREEMENT ON DETAINERS ACT, ENACTED INTO LAW BY CONGRESS IN 1970, IS TO ENCOURAGE THE EXPEDITIOUS AND ORDERLY DISPOSITION OF CHARGES UNDERLYING DETAINERS BY PROVIDING PROCEDURES THROUGH WHICH PRISONERS MAY REQUEST THE DISPOSITION OF SUCH CHARGES AND THROUGH WHICH PROSECUTING JURISDICTIONS MAY OBTAIN THE PRESENCE OF PRISONERS FOR TRIAL. ALTHOUGH DETAINERS HAVE WITHSTOOD CONSTITUTIONAL ATTACK, THE VALIDITY OF UNDERLYING CHARGES HAS BEEN QUESTIONED ON SPEEDY TRIAL GROUNDS. TYPICAL GROUNDS FOR UPHOLDING RESTRICTIONS ON A DETAINED PRISONER ARE SEPARATION OF POWERS AND DEFERENCE TO THE EXPERIENCE AND EXPERTISE OF CORRECTIONAL OFFICIALS. THE IAD HAS PROVED TO BE A FAIRLY WORKABLE METHOD FOR DISPOSING OF DETAINERS AND PRODUCING PRISONERS FOR TRIAL WHEN ONLY STATES ARE INVOLVED OR WHEN THE UNITED STATES ACTS AS A SENDING STATE. CONTROVERSY PREVAILS, HOWEVER, ON THE EXTENT TO WHICH THE FEDERAL GOVERNMENT SHOULD BE TREATED AS A RECEIVING STATE. A MAJOR ISSUE IN THE APPLICATION OF THE IAD TO THE FEDERAL GOVERNMENT IS WHETHER THE PRACTICE OF BRINGING STATE PRISONERS TO FEDERAL COURTS BY ISSUING WRITS OF HABEAS CORPUS IS SUBJECT TO STATUTORY PROVISIONS. CASE LAW INVOLVING THE IAD IS REVIEWED, AND PROVISIONS OF THE IAD AND ITS APPLICATION REQUIREMENTS ARE DETAILED. PROBLEMS ASSOCIATED WITH THE IMPLEMENTATION OF THE IAD, AS THEY RELATE TO BOTH PRISONERS AND PROSECUTORS, ARE NOTED. EXTENSIVE FOOTNOTES ARE PROVIDED. (DEP)