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Search results for: “extradition federal countries”

  • 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…

  • 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 […]

  • 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 […]

  • 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…

  • 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…

  • 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…

  • 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…

  • 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 […]

  • Terrorism

    What is Terrorism? Government Definitions of Terrorism Introduction to Terrorism Legal statutes in most countries around the world regard terrorism as a crime. Yet there is considerable variation in how these laws define terrorism, even in countries whose laws derive from a common origin. […]

  • Terrorism

    What is Terrorism? Government Definitions of Terrorism Introduction to Terrorism Legal statutes in most countries around the world regard terrorism as a crime. Yet there is considerable variation in how these laws define terrorism, even in countries whose laws derive from a common origin. […]

  • Crime

    Introduction to Crime Crime, commission of an act or act of omission that violates the law and is punishable by the state. Crimes are considered injurious to society or the community, as distinguished from torts (see Tort) and breach of contract. As defined by law, a crime includes both the […]

  • 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 […]

  • 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…

  • 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…

  • 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…