Until 1980s, it was allowed. In Kennedy v. Dennison, 1861, the Supreme Court held that the constitution didn't give the Federal government that right. For more than a century, the word 'shall' in the Extradition clause was read as 'may'.
Then in 1987, Puerto Rico v. Branstad, it was unanimous that the federal courts can indeed order an unwilling governor to extradite a fugitive.
The U.S. Constitution, Article IV, Section 2, Clause 2 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."
The U.S. Supreme Court has ruled that the word charged in the Clause does not necessarily mean a formal indictment and that it is enough that someone accused a person of a crime and that the person was present in the state where the crime occurred at the time it occurred.
Civil liabilities and private debts are outside the scope of the Clause.
hey
It isn’t up to a governor concerning extradition. It is up to the courts.
Our countries might not grant diplomatic recogniztion to one another. Also, if it is a death penalty case, some countries do not believe in the death penalty and will refuse to extradite someone to the US unless they receive diplomatic assurance that the death penalty will not be asked for.
No, you don't get a choice. The decision to extradite or not rests with the courts in the country where you have been apprehended. Depending on the country, you may or may not be allowed to present your case to the court before that decision is made.
Then Alabama would deal with the Case.
The decision to extradite is normally made on a case by case basis. If it's felony bad check it will likely he handled differently from a felony assault.
All states extradite to all other states. Some wont extradite on some cases, but they are few and far between. If California asserts that they will extradite/accept the person back (and arrange the transportation), all states will cooperate with the extradition. You can try to run to a handful of other countries, but why not just get it behind you, and turn yourself in.
The United States maintains diplomatic relations, but does not have extradition treaties with the following countries: Afghanistan, Algeria, Andorra, Angola, Armenia, Bahrain, Bangladesh, Bosnia and Herzegovina, Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, China (People's Republic of China), Union of the Comoros, Congo, Democratic Republic of the, Cote d' Ivoire, Djibouti, Equatorial Guinea, Ethiopia, Gabon, Guinea, Guinea-Bissau, Indonesia, Jordan, Kuwait, Laos, Lebanon, Libya, Madagascar, Maldives, Mali, Marshall Islands, Mauritania, Micronesia, Moldova, Mongolia, Mozambique, Myanmar, Namibia, Nepal, Niger, Oman, Qatar, Russian Federation, Rwanda, São Tomé and Príncipe, Saudi Arabia, Senegal, Serbia and Montenegro, Somalia, Sudan, Syria, Togo, Tunisia, Uganda, Vanuatu, Vietnam, Western Samoa, Yemen, and Zimbabwe.
Yes, and in the case of felony crimes, most will.
If West Virginia agrees.
The the southern states had not yet seceded when the Fugitive Slave Laws were passed, and the Dred Scott Case was decided.
The Edison Twins - 1982 The Case of the Friendly Fugitive 5-5 was released on: USA: 28 May 1986
Perry Mason - 1957 The Case of the Fugitive Fraulein 9-12 was released on: USA: 28 November 1965