Extradition in America: Of Uniform Acts and Governmental Discretion
![handle is hein.journals/baylr33 and id is 837 raw text is: EXTRADITION IN AMERICA:
OF UNIFORM ACTS AND GOVERNMENTAL DISCRETION
Leslie W. Abramson*
The original authority for interstate extradition is the United States
Constitution:
A person charged in any state with Treason, Felony or other
crime, who shall flee from justice, and be found in another state,
shall on demand of the executive authority of the state from which
he fled, be delivered up, to be removed to the state having jurisdic-
tion of the crime.'
This provision has been effectuated by Congress through federal stat-
ute.2 The federal provisions are not preemptive of extradition law.
States are free to effect extradition under less stringent requirements,
but are not permitted to make extradition any more difficult. The Uni-
form Criminal Extradition Act, now adopted by forty-eight states, per-
mits extradition under circumstances and through procedures not artic-
ulated in the federal statute.3 The federal statute and the Constitution
place an outer limit on extradition procedures, but states are free to use
*Professor of Law, University of Louisville School of Law. A.B., Cornell University,
1968; J.D., University of Michigan, 1971; LL.M. and S.J.D., University of Wisconsin,
1978, 1979. 1 acknowledge the valuable research assistance of Antonette Logar, a second-
year student at the University of Louisville School of Law. I also appreciate the insights
gained from the National Association of Extradition Officials during my attendance at the
Association's 1981 Annual Convention.
'U.S. CoNsT. art. IV, § 2, d. 2.
Whenever the executive authority of any State or Territory demands any person as
a fugitive from justice, of the executive authority of any State, District or Territory to
which such person has fled, and produces a copy of an indictment found or an affida-
vit made before a magistrate of any State or Territory, charging the person demanded
with having committed treason, felony, or other crime, certified as authentic by the
governor or chief magistrate of the State or Territory from whence the person so
charged has fled, the executive authority of the State, District or Territory to which
such person has fled shall cause him to be arrested and secured, and notify the execu-
tive authority making such demand, or the agent of such authority appointed to re-
ceive the fugitive, and shall cause the fugitive to be delivered to such agent when he
shall appear.
18 U.S.C. § 3182 (1970).
3For example, section 6 of the U.C.E.A. does not require that the person sought be in
the demanding state at the time of the crime, It is enough that he effect an overt act there,
coupled with an intent that the act be a major step toward accomplishing the crime. An-
other example is § 3 of the U.C.E.A., which unlike the federal statute, recognizes that ih-
formations supported by affidavit suffice as a charging document. UNIEoRM CRIMINAL
ExrwxAproN ACT [hereinafter cited as U.C.E.A.], reprinted in 11 UNiosm LAws ANNO-
TATP 51 (1974). Individual states have effected both cosmetic and substantive changes in
the U.C.E.A.](ViewImageLocal?handle=hein.journals/baylr33&div=50&collection=&method=preview&ext=.png&size=3)
What Is HeinOnline?
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most
Extradition in America: Of Uniform Acts and Governmental Discretion
Contact us for annual subscription options:
Already a HeinOnline Subscriber?
profiles profiles most