Extradition
is the legal process by which a fugitive from justice in one State is returned to that State.
Who is responsible for returning a fugitive from justice to the state in which the crime was committed?
Article IV, Section 2 also establishes rules for when an alleged criminal flees to another state. It provides that
the second state
is obligated to return the fugitive to the state where the crime was committed.
What is the legal process by which a fugitive from justice in one state is returned to that state called?
States and the federal government can seek to bring state-hopping criminals to justice through a process called
extradition
. Extradition laws give a state the ability to hand someone over to another state for purposes of criminal trial or punishment.
What is an example of a situation in which the return of a fugitive from justice might be contested?
–
Certain divorces cases
. Provide an example of a situation in which the return of a fugitive from justice might be contested. -If they completed a crime in both states. In a case of Privileges and Immunities, what is meant by reasonable distinction and provide an example.
Can governors refuse to return fugitives from justice?
Can governors refuse to return fugitives from justice to the State from which they fled? Explain your answer. No, as
the Supreme Court decision in 1987 which held the federal courts can order governors to extradite fugitives
.
Which states do not extradite?
Because federal law regulates extradition between states, there are no states that do not have extradition. As of 2010,
Florida, Alaska, and Hawaii
do not extradite for misdemeanor convictions committed in another U.S. state.
How long can a State hold you for extradition?
Most experts agree that the typically amount of time one state gives another for extradition is
about one month, 30 days
.
What rights does Article 4 guarantee to citizens if they go to other states in the nation?
The United States shall guarantee to every State in this Union
a Republican Form of Government
, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
What happens if one tries to hide out in another state after being charged with a crime?
The Extradition Clause
is yet another provision which normalizes legal processes among the states. In this clause, the Constitution requires that if a person is charged with a crime in one state and flees to another, the harboring state must return the individual to the charging state.
What does Article 2 Section 4 of the Constitution say?
Article II, Section 4: The President, Vice President and all civil Officers of the United States,
shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors
.
What is the charge fugitive from justice?
The term “fugitive from justice” is defined as “[a]ny
person who has fled from any State to avoid prosecution for a felony or a misdemeanor
; or any person who leaves the State to avoid giving testimony in any criminal proceeding.”
What happens when a fugitive is caught?
If the fugitive's alleged offense is a misdemeanor,
the penalty for harboring the person is no more than 1 year in jail
. However, if the fugitive is charged with a felony, anyone who helps him or her evade arrest could face up to 5 years in prison. The judge may also impose a fine for a harboring conviction.
What must be done with fugitives who escaped from states?
The Fugitive Slave Clause in the United States Constitution of 1789, also known as either the Slave Clause or the Fugitives From Labor Clause, is Article IV, Section 2, Clause 3, which requires
a “person held to service or labor” (usually a slave, apprentice, or indentured servant) who flees
to another state to be …
What does Article 4 Section 3 of the Constitution mean?
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States
; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
How did the principle of federalism enable the framers to solve the problems they faced?
The principle of federalism enabled the Framers to solve the problems they faced in 1787
by offering a limited government
. … The Constitution provides for the powers of the States in the federal system through the reserved powers.
What does Article 4 of the Constitution say?
The United States shall guarantee to every State in this Union a Republican Form of Government
, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
