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Extradition

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31 views

Extradition

asdfasdfasdfasdf

Uploaded by

Kirsten Denise B. Habawel-Vega
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Extradition is a cooperative law enforcement process by which the physical

custody of a person (i) charged with committing a crime or (ii) convicted of a


crime whose punishment has not yet been fully served, is formally transferred,
directly or indirectly, by authorities of one jurisdiction to those of another at the
request of the latter for the purpose of prosecution or punishment,
respectively.[1]
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. It is an ancient
mechanism, dating back to at least the 13th century BC, when an
Egyptian Pharaoh, Ramesses II, negotiated an extradition treaty with a Hittite
King, Hattusili III.[2]
Through the extradition process, a sovereign (the requesting state) typically
makes a formal request to another sovereign (the requested state). If the
fugitive is found within the territory of the requested state, then the requested
state may arrest the fugitive and subject him or her to its extradition
process.[2] The extradition procedures to which the fugitive will be subjected
are dependent on the law and practice of the requested state.

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 or punishment. For foreign countries, the
process is regulated by treaty and conducted between the federal government of the United
States and the government of a foreign country. The process is considerably different from interstate
or intrastate extradition. Florida, Alaska, and Hawaii do not extradite for a misdemeanor conviction
that was convicted in the US, as of 2010. Some felonies are an exception in American law such as a
crime that is violent in nature, or a sexual offense, or felony driving while intoxicated; they will entail
extradition from all states in the United States. Theft charges and small drug crimes are the
exception; for instance, if a minor crime is committed in Florida, a person apprehended in Idaho will
not be extradited back to the original crime's jurisdiction. Federal charges are governed by US
federal law and most states, with the exceptions of South Carolina and Missouri, have adopted the
Uniform Criminal Extradition Act. In practice, Florida, Alaska, and Hawaii typically do not extradite if
the crime in question is not a felony because of the associated costs of transporting the suspect and
the housing fees that must be paid to the jurisdiction in which he is held until transported.

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