Rendition (law)

In law, rendition is a "surrender" or "handing over" of persons or property, particularly from one jurisdiction to another. For criminal suspects, extradition is the most common type of rendition. Rendition can also be seen as the act of handing over, after the request for extradition has taken place.

Rendition can also mean the act of rendering, i.e. delivering, a judicial decision, or of explaining a series of events, as a defendant or witness. It can also mean the execution of a judicial order by the directed parties. But extraordinary rendition is distinct from both deportation and extradition, being inherently illegal.

Rendition between states is required by Article Four, Section Two of the United States Constitution; this section is often termed the rendition clause.

Each state has a presumptive duty to render suspects on the request of another state, as under the full faith and credit clause. The Supreme Court has established certain exceptions; a state may allow its own legal proceedings against a suspect to take precedence, for example. It was established in Kentucky v. Dennison that interstate rendition and extradition were not a federal writ; that is, a state could not petition the federal courts to have another state honor its request for rendition, if the state receiving the request chose not to do so. If the State failed to request federal intervention, but relied on other argument for the rendition, the Hatfield/McCoy feud produced the case of Mahon v. Justice, holding there is "no comity between the states by which a person held upon an indictment for a criminal offense in one state can be turned over to the authorities of another state, although abducted from the latter." The Uniform Extradition Act may nullify this result in those States that have adopted it.

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