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Home » Law Dictionary » E » EXTRADITION

EXTRADITION

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

The surrender of a criminal by a foreign state to which he has fled for refuge from prosecution to the state within whose jurisdiction the crime was committed, upon the demand of the latter state, in order that he may be dealt with according to its laws. Extradition may be accorded as a mere matter of comity, or may take place under treaty stipulations between the two nations. It also obtains as between the different states of the American Union. Terllnden v. Ames, 184 U. S. 270, 22 Sup. Ct 484, 46 L. Ed. 534; Fong Yue Ting v. U. S., 149 U. S. 698, 13 Sup. Ct 1016, 37 L. Ed. 905.
Extradition between the states must be considered and defined to be a political duty of imperfect obligation, founded upon compact, and requiring each state to surrender one who, having violated the criminal laws of another state, has fled from its justice, and is found in the state from which he is demanded, on demand of the executive authority of the state from which he fled. Abbott

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