Extradition traditionally applies to deportation between two countries, in which case there are no misdemeanor crimes that warrant extradition, explains the United States Department of Justice. However, the Extradition Clause governs interstate rendition, which is the official term for extradition between states, and mandates that any misdemeanor charge justifies extradition, according to attorney David Shestokas.Continue Reading
While each state in the United States is sovereign over its own territory, the U.S. Constitution has provisions that prevent a criminal from fleeing justice in one state by going to another, notes David Shestokas. Accounted for in the Extradition Clause, a person charged with a crime in any state must return to that state per executive orders. With the exception of South Carolina and Missouri, all states adhere to the Uniform Criminal Extradition Act, which outlines the process for one state to request the surrender of a wanted criminal in another state.
Some international treaties specify the crimes that warrant extradition across country boundaries, whereas more contemporary treaties contend that any crime recognized as such in both countries that is punishable as a felony in both countries can justify extradition, states the United States Department of Justice. Deciding factors include the amount of time and money a country is willing to spend to extradite the criminal, the citizenship of the fugitive, time constraints, the offense committed, and the likelihood of a trial.Learn more about Crime