Extradition law in the United States

Extradition law in the United States is the formal process by which a fugitive found in the United States is surrendered to another country or state for trial or punishment. For foreign countries, the process is regulated by treaty and conducted between the Federal Government of the United States and the government of a foreign country. The process is considerably different from interstate or intrastate extradition. Florida, Alaska, and Hawaii do not extradite for misdemeanor conviction that was convicted in America as of 2010. Some felonies are an exception in American law, such as a crime that is violent in nature, or a sexual offense, or a felony DUI; these will entail extradition from all states in the United States. Theft charges and small drug crimes are the exception; for instance, if you commit a minor crime in Florida and are apprehended in Idaho, you will not be extradited back to the original crime's jurisdiction. Federal charges are governed by US federal law and most states, with the exceptions of South Carolina and Missouri, have adopted the Uniform Criminal Extradition Act. In practice, Florida, Alaska and Hawaii will typically not extradite if the crime in question is not a felony due to the associated costs of transporting the suspect and the housing fees that must be paid to the jurisdiction where he is held until transported

The Extradition of Fugitives Clause in the Constitution requires States, upon demand of another State, to deliver a fugitive from justice who has committed a "treason, felony or other crime" to the State from which the fugitive has fled. 18 U.S.C. § 3182 sets the process by which an executive of a state, district or territory of the United States must arrest and turn over a fugitive from another state, district, or territory.

In order for a person to be extradited interstate, 18 U.S.C. § 3182 requires:

In Kentucky v. Dennison, decided in 1860, the Supreme Court held that, although the governor of the asylum state had a constitutional duty to return a fugitive to the demanding state, the federal courts had no authority to enforce this duty. As a result, for more than 100 years, the governor of one state was deemed to have discretion on whether or not he/she would comply with another state's request for extradition.

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