Interstate Extradition

Interstate Extradition: A Complex Legal Process Made Simple

Extradition between states—also known as interstate rendition—is the legal process of transferring an accused criminal or convicted offender from one state to another. It allows states to cooperate in bringing fugitives to justice. But for most people, extradition seems complicated and mysterious. This article breaks it down into simple, easy-to-understand steps so you can get a handle on how it works.

The Constitutional Basis

Extradition has its roots right in the US Constitution. Article IV, Section 2, Clause 2—also known as the Extradition Clause—says:

“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.”

In plain English, this means if someone commits a crime in one state and flees to another, the state they fled too has to return them when asked. Its a way to prevent criminals from escaping prosecution by simply crossing state lines.

The Supreme Court has interpreted the Extradition Clause pretty broadly over the years. At first, it only applied to fugitives who committed crimes in a state and then literally fled to another state. But now it also covers situations where someone commits a crime in one state but is simply found and arrested in another state. The person doesn’t have to be a fugitive who’s purposefully avoiding prosecution.

The Extradition Clause is implemented today through both federal and state laws. The main federal law is 18 U.S.C. § 3182. It basicly repeats what the Constitution says and provides some procedures for how extradition should work. States also have their own extradition laws spelling out the specifics.

When Does Extradition Apply?

Extradition comes into play any time someone breaks the law in one state and ends up in another. Some common examples include:

• Someone commits a crime like robbery or assault in State A, then flees across the border to avoid arrest and prosecution in State B. State A can demand that State B extradite the person back.
• Someone is convicted of a crime and sentenced to prison in State A, but escapes from custody and is later found in State B. State A can request extradition to return the escaped prisoner.
• Someone is out on bail or parole in State A, but violates the terms and absconds to State B. State A can extradite them back for violating release conditions.
• Someone is charged with writing bad checks or financial fraud in State A, but gets arrested on unrelated charges in State B before prosecution. State A can extradite them to resolve the outstanding charges.

As you can see, extradition covers a wide range of situations where someone facing criminal charges or consequences in one state ends up in another. The unifying theme is that State A wants the person returned so they can face justice.