Extradition: According to Legal Definitions,

Extradition:

According to legal definitions, extradition is the formal surrender of a suspected criminal by a country to another with jurisdiction over the alleged crime for prosecution or punishment. This process is basically considered as the return of an escapee from justice regardless of permission from authorities where the escapee is found. Internationally, the extradition process is regulated by treaties in reaction to a demand by the executive of one country on the executive of another country. These extradition treaties are normally in the form of contracts and continue to generate more controversy regarding matters with which extradition may not be carried out.

The process of extradition begins with the submission of a request through diplomatic channels and in compliance with the relevant treaty (Garcia & Doyle, 2010). In situations where a requesting country fears that the fugitive may leave before a formal request is completed, it may informal request for provisional arrest and extradition. However, the country's informal arrest request should be accompanied with total complement that necessary documentation will be provided. When provisional arrests are made, the fugitive is not subject or entitled to release on bail except through rare circumstances. This is then followed by an extradition hearing to determine whether there are possible reasons to believe that the suspect committed an extraditable crime based on the treaty. Once the hearing is concluded, the escapee may be entitled to a restricted review based on habeas corpus but has no right to appeal. The process is finalized with surrender or release to the agents of the country requesting for extradition.

Some of the safeguards available to a suspected fugitive from justice include the restriction of these treaties to specific crimes, capital crimes, and military and political offenses. Since the United States does not have extradition treaties with these countries, suspected fugitives can escape to Botswana, Kuwait, Lebanon, Maldives, and the United Arab Emirates. In order to prevent fugitives from justice accessing a safe environment and to prevent the denial of justice, all countries should participate voluntarily in a global mutual extradition treaty. However, the treaty should contain comprehensive procedures to enable it accomplish its specified objectives and aims.

Writs of Habeas Corpus and Certiorari:

A writ of certiorari is basically an order by a higher court instructing a lower court, public authority, or tribunal to submit records of a specific case for review. The higher court may request these records of a pending or finalized proceeding to examine their legality. On the other hand, a writ of habeas corpus is a mandatory precept given by a court with which a prisoner can be acquitted from illegal detention. This legal action through a writ of habeas corpus can either be sought by the prisoner or another individual seeking to help him/her.

A writ of certiorari may be granted following an application by a district court, its judge, or the Supreme Court. It's granted in all cases when an inferior tribunal, officer, or board has gone beyond the jurisdiction of that tribunal, board, or officer. This writ of certiorari may be made returnable followed by a hearing at any time under the discretion of the court or judge granting the writ. Unlike the writ of certiorari, a writ of habeas corpus can be applied for by an individual who is unlawfully imprisoned or detained to inquire the reason for such restraint ("Chapter 34 -- Writs," 2005). However, such petitions must be confirmed by the requester or his/her counsel though this writ is not restricted to the trial record.