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extradition

Overview

Extradition is the removal of a person (typically referred to as a fugitive ) from a requested jurisdiction to another jurisdiction for criminal prosecution or punishment. Some relevant case law for extradition can be found in e.g. United States v. Alvarez-Machain, 504 US 655 (1992) , and In the matter of Morris Strauss, 197 US 324 (1905) .

Extradition procedures are normally determined by reciprocal agreements between countries or by multilateral agreements between a group of countries. The European Union, for example, shares a system of extradition laws. In most jurisdictions, extradition will be granted only if the alleged crime is also against the law in the requested country. Most countries also have a "political-offense exception ," meaning that purely political crimes--such as vote tampering or defaming a politician--will not be extraditable. Some countries also have a double-jeopardy exception, refusing to grant extradition when the individual has already been tried for the crime at issue.

Extradition Under American Law

The Constitutional basis for state-to-state extradition is found in the Extradition Clause, Article IV section 2  of the U.S. 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.

Not surprisingly, extradition is an important and sensitive issue between sovereigns . It can be particularly controversial when the accused is removed to a jurisdiction where penalties are greater.

• See: The Uniform Criminal Extradition Act, as adopted in Illinois , and as adopted in New York .

[Last reviewed in November of 2022 by the Wex Definitions Team
]

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