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Research Paper on Law of Extradition in The US

Sunday, Mar. 13th 2011

For research paper tips on law of extradition and mutual assistance in the US, it is the formal or legal process by which a fugitive from justice from one country is surrendered to another country for trial or punishment. The United States and other countries have treaties between the government of the US and governments of foreign countries.

The process is vastly different than interstate extradition, as mandated by Article 4, Section 2, and Clause 2 of the United States Constitution. Generally under the United States law, extradition is expedited or requested only from countries that have extraditions treaties with the US. Sometimes countries do grant extradition even without treaties, but this requires an offer of reciprocity from the United States.

To acquire research paper tips on law of extradition and mutual assistance in the US state that under amendments in laws in 1996, the US can extradite individuals or groups who have committed crimes of violence against US citizens.

The United States has extradition treaties with over 100 countries, most of which are dual criminal’s extradition treaties. Current extradition treaties require requests to extradite people submitted diplomatic channels, although sometimes arrest warrants are sent directly to the department of justice.

The Department of State reviews foreign extraditing demands to ascertain any foreign policy problems, and makes sure that there is an extradition treaty by the United States and the country demanding extradition. The request is forwarded to the International Affairs Division of the Justice Department.

For research paper tips on law of extradition and mutual assistance in the US, state that it forwards the request to the United States Attorney’s office for the judicial district in which the fugitive is located. The fugitive is then arrested and brought before the magistrate. The government’s attorney opposes release on bail in extradition cases.

The accused is then given a hearing to determine whether he/she can be extradited, unless the person waives off the right of hearing. After completing all formalities, the fugitive can be handed over to the foreign government requesting the extradition.

Although the fugitive cannot appeal the order of extradition, the fugitive may submit a petition to stay his extradition. The extradition can be stayed if ordered by the Court. The countries which neither have neither diplomatic relations nor extradition treaties with the US are, Bhutan, Cuba, Iran and North Korea.

There are some countries which have diplomatic relations with the United States, but no extradition treaties. Although most countries cooperate with the United States and with each other on the extradition of fugitives, however this is handled on case to case basis, and is at the discretion of the country in which the fugitive is located.

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Posted by Janele Frederick | in Research Papers

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