Extradition is defined in Merriam Webster’s dictionary as, “the surrender of an alleged criminal usually under the provisions of a treaty or statute by one authority (such as a state) to another having jurisdiction to try the charge” [1]. Let us know more about the concept with the help of this article as well as back them up with some case studies and or examples.
It makes it much easier when there is an extradition agreement between countries, it makes the process of extradition a lot smoother. So, when there is a crime committed in the U.S soil and then the said accused absconds to overseas — “and the US government finds you — they can work with the foreign government in order to get the person back to the United States by way of extradition. Depending on the specific country the person resides, there may be some limitations as to when a person is ripe for extradition — but at the end of the day and depending on how relations are going between the United States and that country — that foreign country may ship the person back to the US.”[2]
What happens when there is no treaty signed? “It is not necessary that a country not having a formal extradition agreement with the United states, does not mean that the country will not extradite you. For example, while some countries such as Vietnam and the Marshall Islands do not have formal agreements with the United States involving extradition, both of these countries have considered and agreed to extradition in certain limited situations. While some people may take the position that these situations were limited — nobody wants to be in the position where their situation becomes one of the limited positions, right?”[3]
Interstate Extradition: “The Extradition Clause in the US Constitution requires states, upon demand of another state, to deliver a fugitive from justice who has committed a “treason, felony or other crime” to the state from which the fugitive has fled. 18 U.S.C. § 3182 sets the process by which an executive of a state, district, or territory of the United States must arrest and turn over a fugitive from another state, district, or territory.
For a person to be extradited interstate, 18 U.S.C. § 3182 requires:
- An executive authority demand of the jurisdiction to which a person that is a fugitive from justice has fled.
- The requesting executive must also produce a copy of an indictmentfound or an affidavit made before a magistrate of any state or territory. The document must charge the fugitive demanded with having committed treason, felony, or other crime, and it must be certified as authentic by the governor or chief magistrate of the state or territory from where the person so charged has fled.
- The executive receiving the request must then cause the fugitive to be arrested and secure and to notify the requesting executive authority or agent to receive the fugitive.
- An agent of the executive of the state demanding extradition must appear to receive the prisoner, which must occur within 30 days from time of arrest, or the prisoner may be released. Some states allow longer waiting periods, of up to 90 days.
- Cases of kidnappingby a parent to another state see automatic involvement by the US Marshals Service.
In Kentucky v. Dennison, decided in 1860, the Supreme Court held that, although the governor of the asylum state had a constitutional duty to return a fugitive to the demanding state, the federal courts had no authority to enforce this duty. As a result, for more than 100 years, the governor of one state was deemed to have discretion on whether or not he/she would comply with another state’s request for extradition.
In a 1987 case, Puerto Rico v. Branstad,[4] the court overruled Dennison, and held that the governor of the asylum state has no discretion in performing his or her duty to extradite, whether that duty arises under the Extradition Clause of the Constitution or under the Extradition Act (18 U.S.C. § 3182), and that a federal court may enforce the governor’s duty to return the fugitive to the demanding state.[5] There are only four grounds upon which the governor of the asylum state may deny another state’s request for extradition:[6]
- the extradition documents facially are not in order;
- the person has not been charged with a crime in the demanding state;
- the person is not the person named in the extradition documents; or
- the person is not a fugitive.
There appears to be at least one additional exception: if the fugitive is under sentence in the asylum state, he need not be extradited until his punishment in the asylum state is completed.[7]
As of 2010, in practice, Florida, Alaska, and Hawaii typically do not request extradition if the crime in question is not a felony because of the associated costs of transporting the suspect and the housing fees that must be paid to the jurisdiction in which the accused is held until transported. All states except South Carolina and Missouri, have adopted the Uniform Criminal Extradition Act.”[8]
Countries without extradition: “With 193 United-Nations-recognized countries in the world (as well as territories and observer states), there are bound to be countries that have no extradition treaty with one another. These countries often become havens for those sought by law enforcement officials. For example, the U.S. has no extradition treaty with China. This means that a person suspected of or convicted of a crime in the U.S., but who made it to China, cannot be apprehended and forced to return to the U.S. to face trial or punishment.
Even in nations with treaties in place, geopolitical issues or legal concerns can lead to disputes over this. For example, countries that have extradition treaties with the United States, but which are known to often refuse extradition requests anyway include Ecuador, Cuba, Bolivia, Nicaragua, Iceland, Switzerland, Venezuela, and Zimbabwe. On the other hand, countries such as Spain and Yemen are known for returning fugitives even without an official extradition treaty.
As a rule, extradition is highly likely when both countries involved have an established extradition treaty. When the two countries involved lack a formal treaty but have existing diplomatic relations, extradition is entirely possible, but with reduced likelihood. Extradition is least likely in countries that have neither a treaty nor diplomatic relations with one another. However, extradition treaties are not legally binding, so any country may choose to fulfill or deny any extradition request regardless of the existence or lack of a treaty or diplomatic relationship.”[9]
[1] Extradition Definition & Meaning - Merriam-Webster [2] Non-Extradition Countries & Expatriation: Can You Avoid US (expatriationattorneys.com) [3] Ibid. [4] 483 U.S. 219 (1987). [5] See also, Alabama ex rel. its Governor & Attorney General v. Engler, 85 F.3d 1205 (6th Cir. 1996) (Governor of Michigan directed to return a fugitive to Alabama). [6] 85 F.3d at 1208. [7] See People ex rel. Focarile ex rel. McNeil v. Goord, 12 Misc. 3d 981, 819 N.Y.S.2d 815 (Sup. 2006). [8] Extradition law in the United States - Wikipedia [9] Countries without Extradition 2022 (worldpopulationreview.com)
