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Extradition in the U.S. Essay

Extradition in the U.S. Essay

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Extradition in the U.S. is the process by which the American government surrenders a fugitive to another country for punishment or trial. For the foreign states, a treaty regulates the procedure. The Federal Government of the U.S. works with its counterpart on the other end. It is different from interstate rendition, which Article 4 of the U.S. Constitution mandates.

Extradition in the U.S. has a Clause that requires the States to deliver a fugitive who has committed a felony, treason, and other crimes, to the country of origin upon demand. The process ensures that the authorities turn him over to the district or territory where he belongs. The executive handles the transfer. In 1860, the Supreme Court declared that although the governor had a constitutional duty to had over the criminal, the court had to power to enforce it.

For more than 100 years, the state's governor had the discretion on whether to follow the request for extradition after Kentucky v. Dennison case. Another example was in 1987, during Puerto Rico v. Branstad proceeding. The Court overruled Dennison. The asylum state executive would perform his duty to extradite under the Extradition Clause (Capassakis, 1981).

The U.S. has extradition treaties with about 100 counties. Most of them concern dual criminality. The name of the states that America relates with are in the Federal Criminal Code and Rules (Wilson, 2012).

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