Article IV, Section II, Clause 2 of the U.S. Constitution requires all states to take part in extradition proceedings, according to David J. Shestokas. The U.S. Supreme Court has also ruled that federal courts have the authority to order surrender of a wanted individual to a state if the state holding the individual chooses not to surrender the individual.Continue Reading
All states except Missouri and South Carolina have adopted the Uniform Criminal Extradition Act. The act includes rules for both the state demanding extradition and the state holding the individual. While there are minor differences in the versions the individual states have adopted, according to Shestokas the primary requirements remain the same. Under this act, if extradition does not occur within 30 days, the state holding the criminal has the right to release him.
While states have the right to demand extradition of an individual, they do not always make the request. According to USA Today, there are over a million suspects and 186,000 felons that states have determined it not worth the time or cost to retrieve. While states suspect many of these individuals of committing a minor crime, some have warrants for felonies. Some criminals live in freedom 25 miles from where they face charges. In Las Vegas, some suspects avoid facing charges by crossing a county line.Learn more about Law