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where is extradition found in the constitution

by Jerrold Hackett Published 1 year ago Updated 1 year ago
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The Extradition Clause or Interstate Rendition Clause of the United States Constitution is Article IV
Article IV
Article 4 is invoked when a law is enacted under Article 2 or 3 for the marginal, incidental and the consequential provisions needed for changing boundary of a state or union territory.
https://en.wikipedia.org › Part_I_of_the_Constitution_of_India
, Section 2, Clause 2
, which provides for the extradition of an accused criminal back to the state where they allegedly committed a crime.

Full Answer

What is extradition between states?

Extradition Between States. The legal concept of extradition was created by the Extradition Clause of the Constitution of the United States of America, found in Article IV, Section 2. Specifically, the Extradition Clause states that if a person commits a crime in one state and then flees to another state, then if the state where...

What does Article 4 of the constitution say about extradition?

Article IV: The Extradition Clause. Text of Constitution: A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on 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.

What is an example of extradition?

Example: In order to be extradited, a person must be charged with a serious crime such as treason or some other type of felony. Make a list of at least ten countries that have extradition treaties with the United States.

What are the rules for extradition?

Create a chart, poster, or some other type of graphic organizer that outlines the rules that states must follow for extradition. Example: In order to be extradited, a person must be charged with a serious crime such as treason or some other type of felony.

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What is extradition and what does the Constitution say about it?

The Extradition Clause is yet another provision which normalizes legal processes among the states. In this clause, the Constitution requires that if a person is charged with a crime in one state and flees to another, the harboring state must return the individual to the charging state.

What is the extradition law?

Extradition law in the United States is the formal process by which a fugitive found in the United States is surrendered to another country or state for trial, punishment, or rehabilitation.

Is extradition a clause?

Extradition clause is a provision in the U.S. Constitution. The extradition clause is provided in Article IV, Section 2, Clause 2. Extradition clause is also known as interstate rendition clause. This clause provides that any accused person who flees to another state should be returned to that state.

What does the Extradition Clause states?

The Extradition Clause provides for the return of persons charged with a crime in one state who fled to another state. In some ways, the extradition clause was the mirror image of the Privileges and Immunities Clause.

What type of crime is extradition?

Some crimes which may be subject to extradition include murder, kidnapping, drug trafficking, terrorism, rape, sexual assault, burglary, embezzlement, arson, or espionage. Some of the most common extradition cases involving the U.S. are between our neighboring countries of Mexico and Canada.

Where is extradition illegal?

There are certain countries which do not extradite their citizens under any circumstances, such as Brazil, Venezuela, and Cuba.

Is extradition in the Constitution?

The Extradition Clause or Interstate Rendition Clause of the United States Constitution is Article IV, Section 2, Clause 2, which provides for the extradition of an accused criminal back to the state where they allegedly committed a crime.

What does Section 3 of Article IV deal with?

Section 3. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.

What does the the Constitution say about a fugitive from Justice?

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on 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.

What does Article IV Section 4 of the Constitution say?

Section 4 Government The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

What does Article 5 of the Constitution say?

The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as ...

What does Article 4 Section 2 Clause 3 of the Constitution?

Clause 3 Slavery No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

What are the conditions for extradition?

Essential conditions for extradition i) The relevant crime is sufficiently serious. ii) There exists a prima facie case against the individual sought. iii) The event in question qualifies as a crime in both countries. recipient country.

What states do not extradite Indiana?

Because federal law regulates extradition between states, there are no states that do not have extradition. As of 2010, Florida, Alaska, and Hawaii do not extradite for misdemeanor convictions committed in another U.S. state.

How long does California have to extradite?

By law, the state seeking to extradite the suspect (the "demanding state") must pick up the defendant within 90 days or else the suspect must be released. After a suspect is arrested in the state where he is found (the "asylum state"), he will be taken to jail.

How long can someone be held in jail awaiting extradition in Alabama?

(c) Any officer who shall deliver to the agent for extradition of the demanding state a person in his custody under the Governor's warrant in disobedience of this section shall be guilty of a misdemeanor, and on conviction shall be fined not more than $1,000.00 or be imprisoned not more than six months or both.

What is the Constitutional basis for state to state extradition?

The constitutional basis for state-to-state extradition is found in the Extradition Clause, Article IV section 2 of the US Constitution. The statute implementing extradition is Title 18, Sect. 3182 of the US Code. Further extradition guidelines are to be found in the Uniform Criminal Extradition Act, adopted in many states.

What is extradition in law?

Extradition. Primary tabs. Extradition is the removal of a person from a requested state to a requesting state for criminal prosecution or punishment. Put differently, to extradite is to surrender, or obtain surrender of, a fugitive from one jurisdiction to another. see, e.g. United States v.

How is extradition determined?

Extradition procedures are normally determined by reciprocal agreements between countries or by multilaterial agreements between a group of countries. The European Union, for example, shares a system of extradition laws.

What is the extradition clause?

The Extradition Clause or Interstate Rendition Clause of the United States Constitution is Article IV, Section 2, Clause 2, which provides for the extradition of a criminal back to the state where they allegedly committed a crime.

Why was the Extradition Clause included in the Articles of Confederation?

Similar to a clause found in the Articles of Confederation, the Extradition Clause was included because the founders found that interstate rendition was separate from international extradition. Fearing that the clause was not self-executing, Congress passed the first rendition act in 1793 – now found under 18 U.S.C. § 3182.

What is a person charged with treason?

A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state , shall on 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.

What was the Northwest Ordinance of July 1787?

The Northwest Ordinance of July 1787 held that slaves "may be lawfully reclaimed" from free states and territories, and soon after, a fugitive slave clause — Article IV, Section 2 — was woven into the Constitution at the insistence of the Southern delegates, leading South Carolina 's Charles Cotesworth Pinckney to boast, "We have obtained a right to recover our slaves in whatever part of America they may take refuge, which is a right we had not before."

What is the law that governs extradition?

Within the United States, federal law governs extradition from one state to another. The Extradition Clause of the U.S. Constitution ( Article IV Section 2) requires that: A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority ...

How does extradition work?

Extradition laws give a state the ability to hand someone over to another state for purposes of criminal trial or punishment. Extradition can occur between two states or between two countries.

What are the defenses to extradition?

There aren't many defenses to extradition. As long as the process and procedure found in the U.S. Constitution and federal law have been followed, the fugitive must be surrendered to the demanding state. However, there are a few defenses that have been identified by the Supreme Court, such as: 1 whether the extradition request documents are in order; 2 whether the person has been charged with a crime in the demanding state; 3 whether the person named in the extradition request is the person charged with the crime; and 4 whether the petitioner is, in fact, a fugitive from the requesting state.

How long does a fugitive have to be held for habeas corpus?

The demanding state then has 30 days to retrieve the fugitive. If they don't, the arresting state may release them.

What happens if a fugitive refuses to be extradited?

If the fugitive refuses to waive extradition , the original state prepares a request to have the fugitive returned. Extradition requests are made from the office of one state's governor to the other. If the request is approved by both governors, an extradition hearing will be held and a court in the state with the fugitive will make a decision ...

What happens when you get an out of state warrant?

When the out of state warrant is issued, the information is entered into the National Crime Information Center (NCIC), a nationwide database that law enforcement uses to access warrant information in other states. If the person sought is arrested in the new state, the arresting authorities will notify the first state that issued the warrant. For instance, if a crime is committed in California, and the person flees to New York, the New York police will be able to see the California arrest warrant and will notify California of an arrest in New York.

What amendment requires the accused to be informed of the nature and cause of the accusation?

However, the U.S. Constitution ( Sixth Amendment) requires the accused "be informed of the nature and cause of the accusation.". This means that states will inform the fugitive of:

How to request extradition?

All extradition treaties in force require foreign requests for extradition to be submitted through diplomatic channels, usually from the country's embassy in Washington to the Department of State. Many treaties also require that requests for provisional arrest be submitted through diplomatic channels, although some permit provisional arrest requests to be sent directly to the Department of Justice. The Department of State reviews foreign extradition demands to identify any potential foreign policy problems and to ensure that there is a treaty in force between the United States and the country making the request, that the crime or crimes are extraditable offenses, and that the supporting documents are properly certified in accordance with 18 U.S.C. § 3190. If the request is in proper order, an attorney in the State Department's Office of the Legal Adviser prepares a certificate attesting to the existence of the treaty, that the crime or crimes are extraditable offenses, and that the supporting documents are properly certified in accordance with 18 U.S.C. § 3190, and forwards it with the original request to the Justice Department's Office of International Affairs ("OIA").

What is the extradition clause?

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.

What is the process of extradition?

Extradition law in the United States is the formal process by which a fugitive found in the United States is surrendered to another country or state for trial, punishment, or rehabilitation. For foreign countries, the extradition process is regulated by treaty and conducted between the federal government of the United States and the government ...

What is required to be certified as authentic by the governor or chief magistrate of the 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.

Why was the United Kingdom not allowed to extradite an individual to the United States?

United Kingdom, the European Court of Human Rights ruled that the United Kingdom was not permitted under its treaty obligations to extradite an individual to the United States, because the United States' federal government was constitutionally unable to offer binding assurances that the death penalty would not be sought in Virginia courts. Ultimately, the Commonwealth of Virginia itself had to offer assurances to the federal government, which passed those assurances on to the United Kingdom, which extradited the individual to the United States.

When is intrastate extradition necessary?

Intrastate extradition may be necessary if a fugitive is arrested by a local police force (such as for a county, city, or college) in the same state or territory as the offense was allegedly committed. The procedure for doing so depends on state and possibly local laws.

How many countries have extradition?

International extradition. The United States has extradition treaties with more than 100 countries. Most of them are dual criminality treaties (extradition for actions considered crimes in both countries), with the remaining being list treaties (extradition for a specific list of crimes).

Where is the extradition procedure found?

The rules and procedure for extradition can be found in the Federal Code of Laws at 18 U.S. Code Chapter 209. In order to be extradited, states must follow the following rules: The documents must be certified by the governor or chief magistrate of the state where the crime was committed.

How is extradition governed?

Extradition between countries is governed by treaties. Generally, extradition is limited to the specific crimes listed in the applicable treaty. In the United States, extradition requests between countries go through the Department of Justice and Department of State.

What Is Extradition?

What happens to people who commit crimes in one state and then flee to another state? What about individuals who commit crimes in the United States and then escape to other countries? Do these criminals just get away with their crimes because they left the jurisdiction where the crimes were committed? The simple answer most of the time is 'no', thanks to the concept of extradition.

How to extradite a person?

The rules and procedure for extradition can be found in the Federal Code of Laws at 18 U.S. Code Chapter 209. In order to be extradited, states must follow the following rules: 1 Demand made by an executive authority to the state where the fugitive fled 2 Provide a copy of the indictment or an affidavit with the demand 3 The indictment must be for treason, felony or other crime 4 The documents must be certified by the governor or chief magistrate of the state where the crime was committed 5 The state where the fugitive has fled must arrest the fugitive and notify the state demanding return of such arrest 6 The agent of the executive authority who requested extradition must appear to receive the fugitive within 30 days of the date of arrest

How long does it take to get a fugitive back after being arrested?

The agent of the executive authority who requested extradition must appear to receive the fugitive within 30 days of the date of arrest. The second type of extradition occurs between countries.

What is the meaning of extradition?

Specifically, the Extradition Claus e states that if a person commits a crime in one state and then flees to another state, then if the state where ...

What is the process of surrendering an alleged criminal from one state or country to another for prosecution?

Extradition is the process of surrendering an alleged criminal from one state or country to another for prosecution. Learn how to define extradition, explore the laws for extradition between states and countries, and then review real-world examples. Updated: 10/14/2021

What is the Uniform Criminal Extradition Act?

An extradition is surrendering the custody of an accused from one state or country to another state or country to place the accused on trial or punishment. In deciding extradition matters, an asylum state must comply with [i]:

What is the constitutional duty of an asylum state?

Moreover, it is the constitutional duty of an asylum state to enforce the interstate extradition clause of the U.S. Constitution faithfully. The state must not adopt a narrow construction against the demanding state [vii].

Does the UCEA apply to extradition?

However, the UCEA applies only between states which have adopted the act and does not regulate extradition proceedings between a state and federal authorities. Extraditions between the states and the federal government are governed by the principles of comity [ix].

What is extradition from California?

Extradition from California refers to a similar situation except that the crime/violation occurs in another state, and you are subsequently apprehended in California.

What is the Uniform Criminal Extradition Act?

By joining in the Uniform Criminal Extradition Act, California and the other partner states have agreed to honor and carry out each other’s extradition orders. There are two types of extradition: extraditing a fugitive into California from another state, and extraditing a fugitive from California into another state.

Why would a judge declare a mistrial in California?

5 Reasons a Judge Could Declare a Mistrial in Your California Criminal Case. Updated December 15, 2020 Extradition laws in California refer to the legal process of returning fugitives from justice back to the state in which they allegedly committed a crime or violated their bail, probation or parole. By joining in the Uniform Criminal Extradition ...

Does extradition matter in California?

With respect to extradition, it doesn’t matter which type of fugitive you are, as California’s extradition laws equally apply to both.

Can you get extradited back to California?

probation, or. parole, and then for whatever reason flee the state, California may seek to have you extradited back to this state. When this is the case, California is the demanding state, and the state in which you are found is known as the asylum state.

Is there a federal law that regulates interstate extradition?

And although there is a federal law that also regulates interstate extradition, the UCEA is more common and…as a result…it is this Act on which all of our articles on California extradition will focus.

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1.Article IV: The Extradition Clause - Constitutional Law …

Url:https://constitutionallawreporter.com/extradition-clause/

7 hours ago Where Would You Find Extradition In The Constitution? Extradition under American law The constitutional grounds for condition-to-condition extradition can be found in the Extradition …

2.extradition | Wex | US Law | LII / Legal Information Institute

Url:https://www.law.cornell.edu/wex/extradition

7 hours ago  · Article IV: The Extradition Clause. A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on …

3.Extradition Clause - Wikipedia

Url:https://en.wikipedia.org/wiki/Extradition_Clause

19 hours ago Extradition under American law. The constitutional basis for state-to-state extradition is found in the Extradition Clause, Article IV section 2 of the US Constitution. The statute implementing …

4.Extradition Between States: Law and Process - FindLaw

Url:https://www.findlaw.com/criminal/criminal-procedure/extradition-law---state-to-state-extradition-process.html

17 hours ago  · The Extradition Clause of the U.S. Constitution (Article IV Section 2) requires that: A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, …

5.Extradition law in the United States - Wikipedia

Url:https://en.wikipedia.org/wiki/Extradition_law_in_the_United_States

24 hours ago 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 …

6.What is Extradition? - Definition, Laws & Example - Video …

Url:https://study.com/academy/lesson/what-is-extradition-definition-laws-example.html

9 hours ago  · In Article IV, Section 2, Clause 2 of the US Constitution, the interstate rendition of fugitives was established. Beginning in 1793, other laws were enacted to support this clause.

7.Uniform Criminal Extradition Act – Extradition - USLegal

Url:https://extradition.uslegal.com/interstate-extradition/ucea/

16 hours ago  · The rules and procedure for extradition can be found in the Federal Code of Laws at 18 U.S. Code Chapter 209. In order to be extradited, states must follow the following rules: …

8."Extradition Laws" in California - A Snapshot of How It …

Url:https://www.shouselaw.com/ca/defense/laws/extradition/

14 hours ago All the states must follow the guidelines in the U.S. constitution and the federal statute. Further, extradition guidelines are usually found in the UCEA, which has been adopted in many states. …

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