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The meaning of the Extradition Clause was first tested before the Supreme Court in the case of Kentucky v. Dennison (1861). The case involved a man named Willis Lago who was wanted in Kentucky for helping a slave girl escape. He had fled to Ohio, where the governor, William Dennison, Jr., refused to extradite him back to Kentucky.
The extradition procedures to which the fugitive will be subjected are dependent on the law and practice of the requested state. [2] Between countries, extradition is normally regulated by treaties. Where extradition is compelled by laws, such as among sub-national jurisdictions, the concept may be known more generally as rendition.
Branstad, federal courts may also use the Extradition Clause to require the extradition of fugitives. The Fugitive Slave Clause requires the return of fugitive slaves ; this clause has not been repealed, but it was rendered moot by the Thirteenth Amendment , which abolished involuntary servitude, except in the prison system.
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law.
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.
The coming extradition standoff has its roots in the U.S. Constitution. Article IV, Section II, Clause 2 states, "A person charged in any State with Treason, Felony, or other Crime, who shall flee ...
For criminal suspects, extradition is the most common type of rendition. Rendition can also be seen as the act of handing over, after the request for extradition has taken place. Rendition can also mean the act of rendering, i.e. delivering, a judicial decision, or of explaining a series of events, as a defendant or witness.
The extradition treaty remains in force, according to a U.S. State Department spokesperson who spoke on background. US urges Honduras to reconsider treaty withdrawal as president warns of plot ...