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Topic: Extradition

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  Extradition - Wikipedia, the free encyclopedia
Extradition is a formal process by which a criminal suspect held by one government is handed over to another government for trial or, if the suspect has already been tried and found guilty, to serve his or her sentence.
Extradition treaties or subsequent diplomatic correspondence often include language providing that such criteria should not be taken into account when checking if the crime is one in the country from which extradition should take place.
The matters are often complex when the country from which suspects are to be extradited is a democratic country with a rule of law.
en.wikipedia.org /wiki/Extradition   (1583 words)

 extradition - Hutchinson encyclopedia article about extradition   (Site not responding. Last check: 2007-11-05)
Surrender, by one state or country to another, of a person accused of a criminal offence in the state or country to which that person is extradited.
When two nations are involved, extradition is usually governed by a treaty between the two countries concerned.
A country usually will not allow extradition for political offences or an offence that it does not treat as a crime, even though it is a crime in the requesting country.
encyclopedia.farlex.com /extradition   (225 words)

 Lalor, Cyclopaedia of Political Science, V.2, Entry 48, EXTRADITION: Library of Economics and Liberty
—Extradition, as provided for in the constitution, is a transaction between separate and independent states, for these states are sovereign within their respective boundaries, save that portion of power which they have granted to the federal government, and are foreign to each other for all but federal purposes.
If, then, extradition may not be had for a political offense, it would stand to reason that to prevent any abuse of the extraditing power, the accused person can be tried only on the charge on which he was surrendered, and on no other.
His extradition was therefore demanded on the charge of forgery—forgery of a custom house bond and affidavit—although, as was afterward proved in court, there was no forgery, in the usual sense of the term, actually committed, the names signed being the names of purely fictitious persons.
www.econlib.org /library/YPDBooks/Lalor/llCy439.html   (3530 words)

 U.S.-U.K. Extradition Treaty
Article 2(1) defines an offense as an extraditable offense if the conduct on which the offense is based is punishable under the laws in both States by deprivation of liberty for a period of one year or more or by a more severe penalty.
In addition, an offense is an extraditable offense if the offense is defined as extraditable under U.K. law and as a felony under U.S. law, and if the offense is punishable by imprisonment or other form of detention for more than one year or by the death penalty.
A person extradited from the U.S. to the U.K. or to any of our other treaty partners can always seek to have his or her prosecution dismissed on the basis that it is time-barred in the state in which he or she is being tried.
www.state.gov /p/eur/rls/fs/34885.htm   (3419 words)

 Extradition, US drug policy and the erosion of individual liberties
Extradition is the process by which one country, upon the request of another, surrenders a person for trial and/or punishment for a crime punishable by the laws of the requesting country.
The purpose of extradition acts is to specify the extraditable crimes, clarify the procedures and safeguards used to extradite, and stipulate the relationship between the act and the international treaties.
The existence of an extradition treaty obliges both parties to surrender an accused person in accordance with the provisions of the extradition act pertaining to the country in which the accused person is to be found.
www.drugtext.org /library/articles/912612.htm   (4988 words)

 Extradition/Foreign Prosecution, Mexico
The Extradition Treaty further provides that where the offense for which extradition is sought is punishable by death, extradition may be refused unless assurances are given that the death penalty shall not be imposed, and if imposed, shall not be executed.
In the event that extradition is sought in one case and attempts are made to prosecute the suspect for a second case committed prior to the extradition, but not listed in the extradition request, the Departments of Justice and State will step in to enforce the treaty and preclude prosecution.
Extradition of fugitives is a matter of urgent and enduring importance to the People of the United States of America and the refusal to extradite threatens the lives of our citizens and inhibits our ability to pursue justice.
www.escapingjustice.com /extrafpo.htm   (1753 words)

 INTER-AMERICAN CONVENTION ON EXTRADITION   (Site not responding. Last check: 2007-11-05)
For extradition to be granted, the offense that gave rise to the request for extradition must have been committed in the territory of the requesting State.
If the extradition is to be carried out between States whose laws establish minimum and maximum penalties, the offense for which extradition is requested shall be punishable, under the laws of the requesting and the requested States, by an average penalty of at least two years of deprivation of liberty.
Where the extradition of an offender is requested for the execution of a sentence involving deprivation of liberty, the duration of the sentence still to be served must be at least six months.
www.oas.org /juridico/english/treaties/b-47(1).html   (2350 words)

 Extradition From Canada
Lloyd Duhaime, Barrister and Solicitor, Victoria, B.C. Extradition is a fascinating branch of the law as it involves international politics, criminal law, international law and conflict of laws, the courts, the federal Minister of Justice and the Governor General.
Extradition is the surrender by one country, at the request of another country, of a fugitive who is either accused or convicted of a crime by the requesting country.
Persons in Canada who are accused or convicted of an extradition crime committed within the jurisdiction of a foreign state, are known as "fugitives." The use of the word "fugitive" in extradition proceedings is a bit misleading.
www.duhaime.org /Criminal/ca-extra.aspx   (1031 words)

However, the burden of proof at the extradition hearing was on Hauptmann to show, clearly, convincingly, and conclusively that he was not in New Jersey on March 1, 1932.
Extradition of a felon from one state to another is covered in the U.S. Constitution, and a federal statute implements the Constitutional imperative.
Hauptmann tested the legality of his extradition (actually, his concinued incarceration after the hearing) by filing a petition for a writ of habeas corpus in the NY Supreme Court (which is the TRIAL court; for some reaosn, NY calls its trial court the SUPREME court).
www.lindberghkidnappinghoax.com /extradition.html   (4542 words)

 EUROPA - Justice and Home Affairs - Freedom, Security and Justice - Extradition   (Site not responding. Last check: 2007-11-05)
Extradition is currently ruled by the European Convention on extradition from 1957 which was negotiated in the framework of the Council of Europe.
Extradition is also ruled by some provisions of the Convention of 19 June 1990 implementing the Schengen Agreement (Schengen Implementation Convention).
The aim of both EU Extradition Conventions and the Schengen Implementation Convention was to supplement and facilitate earlier extradition conventions, such as the 1957 European Convention on Extradition (Council of Europe), that were applicable between the Member States.
europa.eu.int /comm/justice_home/fsj/criminal/extradition/fsj_criminal_extradition_en.htm   (2263 words)

Because the law of extradition varies from country to country and is subject to foreign policy considerations, prosecutors should consult OIA for advice on any matter relating to extradition before taking any action in such a case, especially before contacting any foreign official.
If the fugitive is not extraditable, other steps may be available to return him or her to the United States or to restrict his or her ability to live and travel overseas.
Courts may require the government to request the extradition of a fugitive as soon as his or her location becomes known, unless the effort would be useless.
www.usdoj.gov /usao/eousa/foia_reading_room/usam/title9/15mcrm.htm   (3287 words)

 International Extradition Blog - McNabb Associates, P.C.
Adamov, in December, we noted that he was ordered to be extradited to Russia, which was a reversal of an original decision to have him sent to the United States.
In an apparent expectation that the elder Bansal will be extradited to the United States, the defense argued in the closing arguments that Brij Bansal was a legitimate doctor with an export license, as well as bringing up questions about whether the evidence introduced against Mr.
Under the extradition treaty between the United States and India, extradition can be had for any offense which is punishable in both countries by deprivation of liberty for more than one year.
www.internationalextraditionblog.com   (2483 words)

 A/RES/45/116. Model Treaty on Extradition
Adopts the Model Treaty on Extradition contained in the annex to the present resolution as a useful framework that could be of assistance to States interested in negotiating and concluding bilateral agreements aimed at improving co-operation in matters of crime prevention and criminal justice; 2.
Where the request for extradition relates to a person who is wanted for the enforcement of a sentence of imprisonment or other deprivation of liberty imposed for such an offence, extradition shall be granted only if a period of at least four/six months of such sentence remains to be served.
Upon being informed that extradition has been granted, the Parties shall, without undue delay, arrange for the surrender of the person sought and the requested State shall inform the requesting State of the length of time for which the person sought was detained with a view to surrender.
www.un.org /documents/ga/res/45/a45r116.htm   (1626 words)

 USATODAY.com - Death penalty could affect extradition to U.S.   (Site not responding. Last check: 2007-11-05)
Most EU countries probably will oppose the extradition accords as long as the United States retains the death penalty, said a spokesman for Belgium's Justice Minister Marc Verwilghen.
Jakobi's organization particularly objects to fast-track extradition such as that being proposed by Blair, arguing that it strips people of their rights.
Extradition between European nations and the United States is handled on a case-by-case basis.
www.usatoday.com /news/sept11/2001/10/03/extradite-usat.htm   (581 words)

 Jewish Law - Articles ("Extradition")
Extradition from the Land of Israel is therefore definitely prohibited.
Extradition is all the more justified when it is executed freely by a sovereign Jewish state, equal in rights to the state requesting the extradition, under the conditions of the law of extradition as detailed above.
The correct conclusion as far as Jewish law is: It is prohibited to extradite a Jew to a foreign state, and it is obligatory to try him in the State of Israel.
www.jlaw.com /Articles/extradition.html   (4080 words)

 United States of America: No return to execution - the US death penalty as a barrier to extradition - Amnesty ...   (Site not responding. Last check: 2007-11-05)
For example, extradition typically requires compliance with basic principles of natural justice: the individual facing surrender is entitled to challenge the legitimacy of the warrant in a court of law.
Extradition treaties may also prohibit surrender outright for certain categories of individuals and offences, or require the requesting state to meet specific conditions before extradition is permitted.
Two common principles of extradition treaties are that the offence is punishable in both countries - the principle of dual criminality - and that the suspect can only be tried and punished for the offences specified in the extradition request - the rule of speciality.
www.web.amnesty.org /ai.nsf/recent/AMR511712001?OpenDocument   (10001 words)

 Extradition Act   (Site not responding. Last check: 2007-11-05)
"extradition partner" means a State or entity with which Canada is party to an extradition agreement, with which Canada has entered into a specific agreement or whose name appears in the schedule.
Subject to a relevant extradition agreement, extradition may be granted under this Act whether the conduct or conviction in respect of which the extradition is requested occurred before or after this Act or the relevant extradition agreement or specific agreement came into force.
(b) the request for extradition is made for the purpose of prosecuting or punishing the person by reason of their race, religion, nationality, ethnic origin, language, colour, political opinion, sex, sexual orientation, age, mental or physical disability or status or that the person's position may be prejudiced for any of those reasons.
laws.justice.gc.ca /en/e-23.01/57313.html   (7768 words)

 extradition. The Columbia Encyclopedia, Sixth Edition. 2001-05   (Site not responding. Last check: 2007-11-05)
Extradition first became a common policy in the 19th cent.
International law does not recognize extradition as an obligation in the absence of a treaty, and although a state may, as a matter of courtesy, refuse asylum to a fugitive and honor a request for extradition, virtually all extradition takes place under the authority of bilateral treaties.
Extradition treaties agreed to by the United States require evidence that would show the accused to have violated the laws of both the United States and the demanding country.
www.bartleby.com /65/ex/extradit.html   (362 words)

 International Criminal Defense Group - McNabb Associates, P.C.
Read about its use of worldwide International Notices, including the use of Red Notices to alert its members of individuals that are wanted for international extradition either because they have been charged with a crime in the requesting country, or because they have been convicted and fled prior to serving their sentence.
Its consultation on extradition matters is now sought by individuals from all over the world.
Search for treaties and read about the procedures that would allow a person convicted of a crime in one country to be transfered to his country of citizenship to serve the remainder of his sentence.
www.internationalextradition.com   (304 words)

 CNN.com - 'Superhacker' faces extradition - Jun 8, 2005
Gary McKinnon, 39, of north London faces extradition over claims he gained illegal access and made alterations to 53 U.S. military and NASA computers over a 12-month period from 2001 to 2002.
McKinnon, who is contesting the extradition request, appeared at Bow Street Magistrate's Court in London on Wednesday.
If extradited and found guilty, McKinnon -- known on the Internet as "Solo" -- faces a maximum penalty of five years in prison and a $250,000 fine.
edition.cnn.com /2005/WORLD/europe/06/08/hacking.extradition   (647 words)

 Extradition Process
Given this, it is not difficult to understand why those sought for extradition would prefer to have important issues decided by an unbiased tribunal.
Extradition cases begin with a request from the country seeking to extradite.
Write the Justice Minister of Canada and tell him you oppose extradition and that you think it is “unjust and oppressive and shocks your conscience.” Print out a petition (available from jodie@cannabisculture.com) and get 50 signatures, then send it to the BCMP — we are collecting a huge box of signature to deliver to Parliament.
www.cannabisculture.com /articles/4589.html   (1018 words)

 USATODAY.com - U.S. objects to warlord avoiding extradition   (Site not responding. Last check: 2007-11-05)
The statement from Wood is the sharpest criticism from any U.S. official on the leniency being offered by Uribe's government to the right-wing paramilitary groups, which in their war against leftist rebels have committed massacres and sent a wave of cocaine to the United States.
Wood said shielding the paramilitary leaders from extradition to the United States must not be part of any peace deal.
The Medellin cocaine cartel waged a bloody terrorist campaign of bombings and assassinations in the 1980s to avoid being extradited to the United States.
www.usatoday.com /news/world/2005-09-29-colombia-extradition_x.htm?csp=34   (497 words)

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