Extradition

Extradition usually refers to a state or country handing over an accused person to another state or country for criminal trial or punishment. Many nations will not extradite an accused person if they do not consider these actions to be unlawful in their nation or if they suspect that the accused will be subject to death or torture.

State to State Extradition :

In the United States one state will expedite an accused person to another state to face charges and punishment in the state in which the crime was committed.

The law states : " a person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime."

The state which has jurisdiction over the crime puts in a request for the alleged fugitive to be extradited back to them. A court in the state that receives the request makes sure the paperwork is valid and holds a subsequent hearing to determine whether to extradite the person.

Many states follow the Uniform Criminal Extradition Act.

4 issues a state court may have when determining whether to expedite an accused person:

1) if the documents are in order

2) if the person has been charged in that state

3) if the person named in the request is the same person as charged

4) person is in fact a fugitive

The state receiving the expedition papers have laws requiring them to:

1) informed of the individual of the request

2) inform them of their criminal charge

3) have been seek legal counsel

The accused can contest the extradition with a writ of habeas corpus.

International extradition

Treaties between nations govern extradition eligibility each nation inactive its own laws. Many nations do not extradite for political crimes such as treason, espionage or sedition. The nations will also not extradite someone if they are to face torture or the death penalty in the requesting nation.