Extradition Clause

Extradition Clause is a provision found in the United States Constitution that regulates the surrender of a person accused or convicted of a crime by one state to another. It is also known as the Interstate Rendition Clause.

Overview

The Extradition Clause, found in Article IV, Section 2, Clause 2 of the United States Constitution, states that a person charged in any state with treason, felony, or other crime, who flees from justice and is found in another state, shall be returned to the state that has jurisdiction over the crime. This clause ensures that a person who commits a crime in one state cannot escape justice by fleeing to another state.

Legal Interpretation

The United States Supreme Court has interpreted the Extradition Clause in several cases. In Kentucky v. Dennison, the Court held that the federal government cannot compel a state to extradite a fugitive. However, this decision was overruled in Puerto Rico v. Branstad, where the Court held that the federal courts have the authority to order the extradition of a fugitive.

Extradition Process

The extradition process begins when the executive authority of the state where the fugitive is found receives a demand from the executive authority of the state where the crime was committed. The demand must be accompanied by an indictment, an affidavit made before a magistrate, or a judgment of conviction or sentence. If the demand is in order, the executive authority of the state where the fugitive is found must arrest and secure the fugitive for extradition.

Exceptions

There are exceptions to the Extradition Clause. For example, the clause does not apply to persons fleeing from justice for acts that are not considered crimes in the state where they are found. Additionally, the clause does not apply to persons who have been pardoned or who have served their sentence.

See Also

• United States Constitution
• United States Supreme Court
• Kentucky v. Dennison
• Puerto Rico v. Branstad