NCJ Number
13867
Journal
Police Chief Volume: 41 Issue: 4 Dated: (APRIL 1974) Pages: 54-55
Date Published
1974
Length
2 pages
Annotation
IN SOME INSTANCES, OFFICIALS FROM THE LOCALITY OF AN AUTO THEFT CAN OBTAIN THE RETURN OF THE OFFENDER FROM THE PLACE OF CAPTURE AT FEDERAL EXPENSE UNDER 18 U.S.C. 5001.
Abstract
SINCE PRESENT FEDERAL PROSECUTION POLICY UNDER THE NATIONAL MOTOR VEHICLE THEFT ACT GENERALLY RESTRICTS THE PROSECUTION OF YOUTHFUL AUTO THEFT OFFENDERS TO RECIDIVISTS OR TO THOSE PARTICIPATING IN INTERSTATE THEFT RINGS. IF THE LOCAL PROSECUTING AUTHORITY IN THE JURISDICTION OF CAPTURE DECLINES TO PROSECUTE AND THE AUTHORITIES IN THE LOCALITY OF THE THEFT CANNOT AFFORD TO RETURN THE OFFENDER, HE OFTEN GOES UNPROSECUTED. THE ARTICLE NOTES THAT A YOUTHFUL OFFENDER CAN BE RETURNED TO THE JURISDICTION OF THE THEFT, IF THE AUTHORITIES THERE AGREE TO TAKE HIM INTO CUSTODY AND DEAL WITH HIM ACCORDING TO STATE LAW, AT THE EXPENSE OF THE FEDERAL GOVERNMENT. THE AUTHORIZING STATUTE, 18 U.S.C. 5001, REQUIRES THAT EITHER THE OFFENDER BE WILLING TO BE SO RETURNED, OR THAT THE EXECUTIVE AUTHORITY DEMAND HIS RETURN AND SUPPORT THAT DEMAND BY INDICTMENT OR AFFIDAVIT.