Can a US state refuse extradition?
Asked by: Remington Kessler | Last update: September 18, 2025Score: 4.3/5 (31 votes)
If the requesting jurisdiction fails to provide adequate evidence to support the extradition request, the requested jurisdiction may deny the request. Proper documentation and evidence are crucial for the extradition process to proceed.
Can states refuse to extradite?
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.
Does a state have to agree to extradition?
The requesting executive must produce a copy of an indictment found or have an affidavit made before a magistrate. If both governors approve the request, they will hold an extradition hearing. A court in the state with the fugitive will decide to grant or deny extradition.
What if extradition is denied?
If the judge denies extradition on some or all of the crimes charged, the requesting state's only remedy is to make a new extradition request. The new request may rely on the original documents, though it will require a new diplomatic note and, perhaps, additional materials that must be authenticated and certified.
Are states required to return fugitives to other states?
It provides that the second state is obligated to return the fugitive to the state where the crime was committed. The process used to return fugitives (extradition) was first created by Congress and originally enforced by the governors of each state. Today courts enforce the return of accused prisoners.
How extradition works or doesn't | Fugitives Next Door
Can governors refuse to return fugitives from justice to the state from which they fled?
The court ruled that although the governor had a duty to return the fugitive from justice, he could not be compelled to do so by a writ of mandamus. This precedent was not overturned until the 1987 case of Puerto Rico v. Branstad.
What is the extradition rule between the states?
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
Who has the power to request or refuse extradition?
International extradition requests are not initiated by private individuals. Only prosecuting authorities may initiate an extradition request, usually, after charges are filed and a court has issued a warrant of arrest for the person.
Why would you refuse extradition?
Extradition may be denied for political offenses, and some countries refuse to extradite their own citizens. Many treaties and laws prohibit extradition if the individual may face torture, inhumane treatment, or the death penalty in the requesting country.
Can you avoid extradition?
A fugitive may not be subject to extradition for any number of reasons, if he or she is a national of the country of refuge and that country does not extradite its nationals, the crime is not an extraditable offense, the statute of limitations has run in the foreign country, or the fugitive has been prosecuted in the ...
How hard is it to fight extradition?
It is nearly impossible to fight extradition, so if you are extradited, it's likely that you will be brought under jurisdiction of the requesting country. The United States has a rule on extradition between states called the Extradition of Fugitives Clause.
What is an exception to extradition?
Most countries do not allow for extradition for political crimes, which is known as a political-offense exception. The political-offense exception is a clause that limits a sovereign state's responsibilities under an extradition treaty or legislation .
What country will not extradite to the US?
The United States does not have an extradition treaty with China, Indonesia, Iran, Kazakhstan, Mongolia, Russia, Taiwan, Ukraine, Vietnam, the GCC states, most African states, and most former Soviet states, among others.
Why are some warrants non extraditable?
Non-extraditable and Extraditable Warrants
Generally, more serious charges are extraditable, and less serious offenses are non-extraditable. Why? Because of money. The “issuing State” must pay the arresting State/County jail fees plus the costs of transportation.
Does Canada extradite to the US?
Each Contracting Party agrees to extradite to the other, in the circumstances and subject to the conditions described in this Treaty, persons found in its territory who have been charged with, or convicted of, any of the offenses covered by Article 2 of this Treaty committed within the territory of the other, or ...
Which country refuses to extradite?
These include China, Iran, North Korea, Russia, Montenegro, Brunei, Vietnam and Ethiopia. In addition, US non-extradition countries are mostly located in Africa, the former Soviet Union and the Middle East.
When can extradition be denied?
Extradition may be denied if the requested country believes that the individual will face unfair treatment, torture, or the death penalty in the requesting jurisdiction. Many countries have laws or treaties prohibiting extradition under these circumstances to protect human rights.
What state has a no extradition law?
Answer and Explanation: The states of Florida, Hawaii, and Alaska do not extradite for all crimes. However, even these states (along with the others) will extradite for serious crimes, such as murder.
How to waive extradition?
The defendant will sign an Affidavit of Consent to Extradition or another comparable form under the extradition treaty. The Affidavit basically notes that the defendant is waiving their right to a hearing and the right to fight the extradition.
Will Florida extradite for a felony?
Felony Warrants and Serious Charges
If a person moves out of state after allegedly committing a crime in Florida and has an outstanding felony warrant, they can be arrested in another state under that warrant. Florida typically extradites for serious violent felonies, large thefts, or frauds.
How far will Michigan extradite?
The US Constitution's Extradition Clause requires states to transfer a fugitive from justice who has committed a “treason, felony, or other crime” to the state from which the fugitive has fled upon the demand of another state. The extradition radius in Michigan is unlimited.
What does refusing extradition mean?
What Does No Extradition Mean? No extradition indicates that a jurisdiction has decided not to pursue the transfer of an individual for legal proceedings. This could be due to insufficient evidence, legal restrictions, or the nature of the charges.
Can you be charged in the US for a crime committed in another country?
U.S. citizens are subject to the laws of the foreign countries they visit. You can be prosecuted in the United States for some acts committed overseas. You can be prosecuted even if the acts are legal where they happened. The PROTECT Act was passed in 2003.
What stops extradition?
Whether the magistrate or district court judge had jurisdiction over the extradition request; Whether the offense for which extradition is sought falls within the scope of the applicable treaty; and/or. Whether there is “any evidence” to support the magistrate or district court judge's finding of probable cause.