Extradition Condition In America

Tuesday, December 21, 2021 9:48:27 PM

Extradition Condition In America



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Extradition will enable countries to detain those involved in terrorism, counterfeiting, drug trafficking, and cybercrime. In some nations, however, there are no extradition treaties in place with the United States. This means that a person convicted of a crime in one country does not have to be returned to that country to face trial or punishment. Even in nations with treaties in place, geopolitical issues can lead to disputes over extradition. Countries with extradition treaties with the United States but are known for refusing extradition requests are Ecuador , Cuba , Bolivia , Nicaragua , Iceland , Switzerland , Venezuela , and Zimbabwe.

On the other hand, some countries without an extradition treaty, such as Yemen in the Middle East, are known for returning fugitives. One of the most well-known stories surrounding the issue of extradition is the story of Edward Snowden. When Snowden fled to Russia , he was held at the Moscow airport while U. Extradition and rendition refer to the process of returning a person accused of a crime in one state back to the state where the crime allegedly occurred. Extradition was once limited to the process by which fugitives from justice are returned by one nation to another nation under the provisions of a treaty, and rendition referred to the process between states in a confederacy or federal union.

Extradition is now commonly used in both situations. The U. Congress soon passed enabling legislation for the rendition clause with the Rendition Act of 1 Stat. Neither the constitutional clause nor the act refers to enforcement, although the duty imposed upon the asylum state governor appears to be mandatory. Shortly before the Civil War, the U. Supreme Court grappled with whether the federal courts had the authority to compel a state governor to return a fugitive. In Kentucky v. Dennison , the slave state of Kentucky demanded the return of a free African American man who had helped an enslaved person to freedom in the free state of Ohio.

Kentucky had indicted the man, and its governor demanded his extradition from Ohio. Supreme Court. Subsequently, governors on occasion refused to return a fugitive to a demanding state. This sometimes contributed to a cycle of states refusing to extradite fugitives because earlier requests had not been honored. In , the Court held in Lascellas v. Georgia U. The Court in Pettibone v. Nichols U. Kentucky v. Dennison remained law until the Supreme Court revisited the issue in , when Puerto Rico v.

In that case, a native of Iowa was accused of a crime in Puerto Rico. The man fled back to Iowa. The governor of Puerto Rico asked the state to return the defendant, and Iowa refused. On appeal to the Supreme Court, the Court overruled Kentucky v. Dennison, holding that federal courts do have the power to require state governors to return persons accused of crimes.

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