San Diego Criminal Lawyers Blog
The U.S. Constitution provides that when someone is suspected or has been convicted of committing a crime in another state, that person can be surrendered from their current state residence to the state where the alleged crime took place in order that the suspect stand trial and/or serve a sentence for the crime in question. The process of moving a suspect from one state to another is known as extradition.
The Extradition Clause
If one state demands that another deliver a criminal felon who has fled justice, the state receiving the demand—referred to as the asylum state– must comply according to the Constitution’s Extradition Clause. This interstate extradition occurs regularly across the country following a mandatory extradition proceeding. The requirements include:
- Having an official demand from another jurisdiction from which the suspect has absconded;
- Having an affidavit or indictment indicating a crime, felony, or treason charge from the executive authority making the extradition demand;
- Having the indictment or affidavit certified by the chief magistrate or the governor of the requesting jurisdiction;
- The asylum state arresting the accused and notifying the demanding authority of that arrest;
- Either the requesting authority receives the prisoner, or the prisoner is released within 30 days of arrest.
Concerns of the Asylum State
The goal of the asylum state is simply to fulfil the demand of the requesting state. They have no legal interest in whether the charges against the prisoner are valid or sufficient. Nevertheless, if the fugitive in question is incarcerated for crimes committed in the asylum state at the time of the request, the rendition request can be delayed until that sentence has been fulfilled. Executive discretion in the asylum state determines the outcome, since the governor is entitled to keep the prisoner or may choose to surrender the fugitive to the demanding state. For example, imagine a situation in which the fugitive is accused of stealing a car in Nevada and has since driven across state lines to California, where the fugitive then allegedly killed someone in an auto accident. Nevada may demand extradition in the hopes of trying the accused on auto theft charges. California can either agree to the extradition or choose to instead try to potentially imprison the accused on the vehicular homicide charge. Ultimately, the fugitive will likely be tried on both charges; the question is which trial will come first. The decision is in the hands of the California governor, who is under no obligation to consider the wishes of the fugitive. Continue reading