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International extradition is considerably different from interstate or intrastate extradition. If requested by the charging state, US states and territories must extradite anyone charged with a felony, misdemeanor, or even petty offense in another US state or territory, even if the offense is not a crime in the custodial state. [ 1 ]
The Extradition Clause or Interstate Rendition Clause [1] 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.
Branstad, [5] so a federal interest in resolving interstate rendition disputes was established. Nevertheless, the right of refusal of rendition was not overturned. Extradition for fugitives who are charged with a crime is commonly requested by state or county prosecutors. Formal interstate rendition will involve both state governors.
The Privileges and Immunities Clause requires interstate protection of "privileges and immunities," preventing each state from treating citizens of other states in a discriminatory manner. The Extradition Clause requires that fugitives from justice be extradited on the demand of executive authority of the state from which they flee.
This common legal procedure is called interstate extradition. During this procedure, which often occurs without complication, the governor of the state seeking the suspect would sign a warrant ...
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.
The man at the centre of the case claims never to have been to the US, where prosecutors argue he is wanted for rape.
TEGUCIGALPA (Reuters) -Honduras' foreign ministry on Wednesday said it would end a more than a century-old extradition treaty with the U.S. after Washington's ambassador expressed concern about a ...