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1 Hardy C. Dillard, Report of the University of Virginia Law School on Uniform Wavier of Extradition Act 1 (1935)

handle is hein.agopinions/ruvls0001 and id is 1 raw text is: UrIFORM WAIVER OF EXTRADITION ACT To The Interstctc Commission on Crime: Your reporter from the University of Virgini, hereby submits his report on a proposed Uniform Waiver of Extradition Act. The report is divided into 3 parts as follows: I Principles; II Matters Not Covered: III Tentative Draft of Act with Comments. I Principles A. In General. The Act is grounded on two assumptions. First, that it is need- ed; second, that it will be constitutional in every respect. (1) At a time when useless acts are all too frequently cluttering up the books it may be worth while to justify the utility of the pres- ent act. It is obvious that the main objects attained by waiver are speed and economy in the rendition of fugitives. If the Act helps attain these objects it would seem to justify itself. However certain objections may and have been raised. It has been suggested that states are hostile to waiver out of fear of encouraging drastic police methods to obtain the fugitive's consent. Kopelman, Extradition and Rendition, 14 Boston Univ. Law Rev. 591 at 645 (1935). It is apparent at once that this objection goes not to waiver but to the method of effecting it. A statute if properly drawn will of course regulate this and thus eliminate the basis for any state hesitancy. The utility of the Act may be questioned on two other grounds. First, it may be urged that a fugitive from justice is not apt to overlook any of his rights and among these is the right to demand extradition. Hence the waiver statute will be futile. Second, it may be urged that the statute will be useless anyway since if the fugitive wishes to resist return he can do so and if doesn't he can return voluntarily without the need of other formality. Each of these rather inconsistent objections overlooks the benefits to be

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