Why would you refuse extradition?
Asked by: Dorothea McClure PhD | Last update: July 9, 2025Score: 4.5/5 (70 votes)
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.
Why do people waive extradition?
Contesting extradition often involves substantial legal fees and court costs. By waiving extradition, individuals can avoid these expenses. Voluntarily agreeing to return to the requesting jurisdiction can be viewed favorably by prosecutors and courts.
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.
Why would you fight extradition?
Extreme hardship. Defendant is suffering extreme hardship. This may be due to defendant's old age, youth, health issues or family issues. These issues should also be presented to the demanding state to persuade the demanding state to decide against extradition.
On what grounds a state can refuse extradition?
Lack of probable cause; Mistaken identity (i.e., you're not the person being sought); Errors in the extradition documents; or. The offense does not qualify for extradition under California law.
How extradition works or doesn't | Fugitives Next Door
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 crimes are not extraditable?
The political offense exception to extradition generally prevents a person from being extradited to face prosecution for crimes committed in furtherance of a political uprising, movement, or rebellion in the country in which such occurrences took place[xii].
What is the rule on extradition?
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.
What is the point of extradition?
What is international extradition? International extradition is a legal process by which one country (the requesting country) may seek from another country (the requested country) the surrender of a person who is wanted for prosecution, or to serve a sentence following conviction, for a criminal offense.
Why is there no extradition?
This is often for political, policy, human rights, and economic reasons. Criminals may not be extradited for political reasons.
What states do not honor extradition?
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.
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 stops extradition?
There are only four grounds upon which the governor of the asylum state may deny another state's request for extradition: the extradition documents facially are not in order; the person has not been charged with a crime in the demanding state; the person is not the person named in the extradition documents; or.
What does it mean to contest extradition?
Extradition is the process of returning a fugitive to a different state that issued the warrant. And you are right - contesting extradition in most cases just means they're sitting in jail for up to an extra 90 days until the actual criminal proceedings in the home state starts.
What does extradited mean?
Definitions of extradite. verb. hand over to the authorities of another country. “They extradited the fugitive to his native country so he could be tried there” synonyms: deliver, deport.
What happens if you flee to a non extradition country?
That said, once a suspect is out of the country, no police officer or agency can go to that country to make an arrest. If they are in a country that does not have an extradition treaty with the US, there is nothing that can be done.
What happens if you 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 happens if a state doesn't want to extradite?
The offender can still fight extradition by filing a writ of habeas corpus. If the court denies the habeas corpus petition, the original state will arrange to transport them back to the demanding state. If the court grants the habeas corpus petition, they will release the fugitive.
What does waiving extradition mean?
A waiver of extradition means the defendant is relinquishing their right to an extradition hearing. Waivers to international extraditions occur when the defendant asks to be returned to the requesting jurisdiction without an extradition hearing.
Is it possible for a state to refuse extradition?
Some dual criminality treaties also allow denial of extradition if the crime is a fiscal (tax) offense. c. Some older treaties allow denial of extradition if the fugitive is a national of the requested state.
Why is extradition important?
The extradition process enables governments to bring fugitives abroad to justice, but it can be fraught with political tension, even when a treaty is in place. Extradition treaties help governments bring criminals who have fled their country to justice.
What are extraditable offenses?
An offense shall be an extraditable offense if it falls within any of the descriptions listed in the Schedule annexed to this Treaty, which is an integral part of the Treaty, or any other offense, provided that in either case the offense is punishable under the laws in both Contracting States by deprivation of liberty ...
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.
What state can you not be extradited from?
Because federal law regulates extradition between states, there are no states that do not have extradition. As of 2010, Florida, Alaska, and Hawaii do not extradite for misdemeanor convictions committed in another U.S. state.
What happens during extradition?
In an extradition, one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions, and depends on the arrangements made between them.