Extradition Treaties Between States
The extradition law in USA is a formal procedure in, which a fugitive caught in a state or country is handed over to another state or country for legal proceedings against him or her. The process of extradition with foreign countries is conducted through the treaty between the US federal government and the governing body or government of the foreign nation. |
The process of extradition from foreign nations is very different from that of the interstate extradition as per the mandate in Article 4, Section 2 and Clause 2 in the Constitution of the United States.
Extradition within the States - The clause in the extradition of fugitives as per the Constitution requires a state to extradite a fugitive to the state that demands the extradition of the person guilty of “treason, felony or other crime” to a state from where the fugitive had escaped. 18 U.S.C.†ß†3182 puts up the procedure through which the executive from a state, district or territory in the US should arrest to hand over the fugitive from a different state, district or territory.
The following conditions have been laid down to extradite a fugitive within the States:
A demand of the executive authority of the jurisdiction where the fugitive has fled to. The executive requesting for the extradition should produce a duplicate of any indictment found or an affidavit approved from the magistrate of any State or Territory and such a document should charge against the fugitive for his criminal involvement in treason, felony or some other crime, he is guilty of. Either the governor or the chief magistrate of the state or territory from which the fugitive had fled should certify such a document.
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Extradition Treaties Between States
