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Extradition

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Chapter Summary

The processes of extradition in the U.S. involve the executive, legislative, and judicial branches of the federal government. The interrelationship of these co-equal branches of government, in extradition matters, is dictated by the constitutional grant of powers to branches of government. The first stage in the extradition process is the existence of a legal basis upon which the U.S. may request or grant extradition. While there are several such bases, i.e., treaties, whether bilateral or multilateral, reciprocity, comity, and national legislation, the U.S. relies essentially on bilateral treaties. Thus, the U.S. can request extradition from a state with which no extradition treaty exists on the basis of an Executive order reflecting reciprocity or comity.

Keywords: extradition; federal government; national legislation; United States extradition treaties

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