How can you avoid extradition from one state to another?

Answer 1

Extradition, or the effort of removing the accused from one state to face charges in another is generally going to be successful. However, even in those cases, it can certainly prove to be an effective strategic tool for the defense.

Extradition can be ultimately successful if the state that is seeking the individual charged is doing so under circumstances or based on charges that the host state finds offensive. Obviously, in the US where the states laws are generally quite consistent, the variations that would rise to being truly offensive are relatively few and typically revolve around particularly serious crimes or the treatment of defendants.

For example, in one case a fugitive charged with a heinous murder in one state would be facing the death penalty were he/she convicted. The host state had ended the death penalty, so the Governor of the host state refused to agree to extradition until the charging state agreed, in writing, that this defendant would not face the death penalty.

Similarly, it is conceivable that other states might impose their guidelines or requirements for proper procedure, whether that be search and seizure, interrogation upon the charging state. Alternatively the treatment of defendants, such as a charging state that would just warehouse a defendant with mental deficiencies might rise to create significant concerns for the host state who would then, as in the example above, seek to negotiate pending care rather than strict detention prior to trial or even after depending on the prevailing philosophy.

For juveniles, the host state may find that issues regarding problems like trying the youth as an adult could come into play. If the host state would not try this particular fact pattern as an adult, they could request that the charging state forgo that option as part of paving the way for the extradition.

In many cases, extradition can be used to help slow the charging state from having easy access to the accused or may serve to bring attention to an injustice or simply provide needed time for the defense. While these and other goals may be very helpful to the defense, generally time is the only thing that will be accomplished as the relationship between states is one that will ultimately result in the accused being transported to the charging state, at least once all the details are ironed out.