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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.
What else can I help you with?
In what case can a governer refuse to extradite a fugitive?
It isn’t up to a governor concerning extradition. It is up to the courts.
Why do some countres not extradite to the US?
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.
Can a person refuse extradition?
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.
Does Hawaii extradite for felony charges in nc?
Yes, Hawaii can extradite individuals for felony charges in North Carolina, as both states adhere to the Uniform Criminal Extradition Act. Extradition typically occurs when there is an outstanding warrant or legal request from the state seeking the individual. However, the process may involve legal proceedings and considerations, including the nature of the charges and the circumstances of the case. Ultimately, the decision to extradite rests with the governor of Hawaii.
How far will Virginia go in the us to extradite?
Virginia can extradite individuals to other states or jurisdictions for crimes committed, provided there is a valid extradition request and the legal criteria are met. The process typically involves a governor's warrant and can include hearings to determine the legality of the extradition. Virginia may also extradite individuals for federal offenses if requested by federal authorities. However, the specifics can vary based on the circumstances of each case and the laws governing extradition.
What if Florida never comes to extradite you from Alabama?
Then Alabama would deal with the Case.
Would Arizona extradite someone from west Virginia if that person had a felony warrant?
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.
What Country won't extradite to Canada?
As of my last knowledge update in October 2023, countries like the United States and the United Kingdom have extradition treaties with Canada, but there are instances where they may refuse to extradite individuals based on specific legal grounds or concerns about the fairness of the Canadian judicial system. Additionally, some countries, like Russia and China, may not have extradition agreements with Canada, making it unlikely for them to extradite individuals to Canada. Each case can vary based on legal, political, and diplomatic considerations.
What state doesn't extradite to Florida?
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.
What states are non-extradition?
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.
Can a state extradite for a felony breaking and entering?
Yes, and in the case of felony crimes, most will.
Will Michigan extradite someone from WV on a child support case?
If West Virginia agrees.
