OverviewExtradition is the removal of a person (typically referred to as a fugitive) from a requested jurisdiction to another jurisdiction for criminal prosecution or punishment. Some relevant case law for extradition can be found in e.g. United States v. Alvarez-Machai…
What is extradition?
Extradition procedures are normally determined by reciprocal agreements between countries or by multilateral agreements between a group of countries. The European Union, for example, shares a system of extradition laws. In most jurisdictions, extradition will be granted only if the alleged crime is also against the law in the requested country. Most countries also have a "political-offense exception," meaning that purely political crimes--such as vote tampering or defaming a politician--will not be extraditable. Some countries also have a double-jeopardy exception, refusing to grant extradition when the individual has already been tried for the crime at issue.
Extradition Under American LawThe Constitutional basis for state-to-state extradition is found in the Extradition Clause, Article IV section 2 of the U.S. Constitution. The statute implementing extradition is Title 18, Sect. 3182 of the US Code. Further extradition guidelines are to be found in the Uniform Criminal Extradition Act, adopted in many states.
Not surprisingly, extradition is an important and sensitive issue between sovereigns. It can be particularly controversial when the accused is removed to a jurisdiction where penalties are greater.
• See: The Uniform Criminal Extradition Act, as adopted in Illinois, and as adopted in New York.
Why extradition matters
extradition appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.
How extradition works in practice
In practice, extradition is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Cornell LII Wex , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.