Search results for: “extradition federal countries”
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Extradition in Federal Countries
Extradition in Federal Countries “The political structure of countries, such as the federal structure of the United States, can bring about an additional difficulty in extradition proceedings, inasmuch as the governments of foreign nations have official relations only with federal governments, not with the governments of a country’s constituent states. It is not always clear…
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Extradition
Introduction to Extradition Extradition, in law, surrender by one sovereign power to another of a fugitive from justice. Between nations, the right of one power to demand of another the extradition of a fugitive accused of crime, and the duty of the country in which the fugitive has found […]
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Extradition Treaties
Because international extradition is not compulsory in case of lack of a formal treaty (at least for the United States traditional point of view -see Extradition History), there are hundreds of bilateral extradition treaties. No country has a network of bilateral treaties that cover all […]
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Concept of Extradition
Concept of Extradition Extradition is the transfer (sometimes, after his or her apprehension) of an accused person from one country to another country that seeks to place them on trial. Extradition is triggered by a request submitted through diplomatic channels. If a deposition contains direct evidence of the conduct of the person whose extradition is…
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Interstate Extradition
Interstate Extradition Interstate Rendition Clause in the United States In the United States, a uniform law interstate rendition between the states is established by Article 4, Section 2, of the U.S. Constitution, “which specifies that interstate extradition applies”(1) regardless or irrespective of the nature of the crime.” provides that any person properly charged is subject…
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Extradition and Human Rights
Extradition and Human Rights In some cases, the provisions of extradition treaties vary considerably depending on the states involved. For example: Most nations, “including the United States, will not surrender a fugitive wanted for a political crime. The rise in terrorism, however, has brought about some limitations to the political offense exception.”(1) Many countries, including…
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Extradition History
Extradition History Introduction The U. S. Supreme Court, in United States v. Rauscher (1886), expressed the dominant doctrine in the United States then: “It is only in modem times that the nations of the earth have imposed upon themselves the obligation of delivering up these fugitives from justice to the States where their crimes were…
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Jurisdiction
Criminal Procedure: Jurisdiction Introduction to Jurisdiction For a criminal conviction to be valid, both the sovereign power (the state or federal government) and the specific court that tries the accused must have jurisdiction (authority) over the crime charged. Jurisdiction refers to a […]
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Humberto Leal García
Humberto Leal García Humberto Leal García in 2011 United States views on international law (based on the document "Digest of U.S. Practice in International Law"): Efforts on the part of Congress and the Executive Branch to satisfy the United States' obligation under […]
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Conduct Actionable under the Hague Convention on the Civil Aspects of International Child Abduction
Conduct Actionable under the Hague Convention on the Civil Aspects of International Child Abduction “International Child Abduction” not Criminal: Hague Convention Distinguished From Extradition Treaties Despite the use of the term “abduction” in its title, the Hague Convention is not an extradition treaty. The conduct made actionable by the Convention — the wrongful removal or…
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Conduct Actionable under the Hague Convention on the Civil Aspects of International Child Abduction
Conduct Actionable under the Hague Convention on the Civil Aspects of International Child Abduction “International Child Abduction” not Criminal: Hague Convention Distinguished From Extradition Treaties Despite the use of the term “abduction” in its title, the Hague Convention is not an extradition treaty. The conduct made actionable by the Convention — the wrongful removal or…
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Hague International Child Abduction Convention Analysis
Hague International Child Abduction Convention: Legal Analysis Introduction The Convention was adopted on October 24, 1980 at the Fourteenth Session of the Hague Conference on Private International Law in Plenary Session by unanimous vote of twenty-three member states of that organization. The Convention was opened for signature on October 25, 1980, at which time it…