Extradition is a legal procedure that is a formal request to return a person to another nation after a crime has been committed. Suppose a person does something illegal in one country or state and is later found in another country or state. In that case, the sovereign jurisdiction can request that the accused be extradited or sent back to face a trial or punishment for the crimes committed.
For example, when someone commits a crime in the United States and flees the country to evade punishment, law enforcement in the destination country can detain and return the accused person to the U.S. Additionally, U.S. states also extradite criminals back to the state they committed a crime in under the Extradition Clause of the U.S. Constitution Article IV Section 2. Alaska, Florida, and Hawaii will typically not extradite the fugitive unless the crime is a felony.
Even when a jurisdiction requests extradition, there are reasons that the other country can refuse. This includes:
- Possibility of capital punishment or torture if extradited
- Failure to fulfill dual criminality
- Political crimes
- Fair trial standards
Another reason that a country may refuse extradition is because there are laws in place that prohibit extradition. There are typically laws in place in these nations that give the country jurisdiction åover its own citizens, even if the crime was committed elsewhere. These non-extradition countries include: