• 0 Posts
  • 14 Comments
Joined 1 year ago
cake
Cake day: July 5th, 2023

help-circle








  • Sure.

    https://www.law.cornell.edu/constitution-conan/article-4/section-2/clause-2/overview-of-the-extradition-interstate-rendition-clause

    Article IV, Section 2, Clause 2:

    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 Jurisdiction of the Crime.

    Now arguably one can say that a California person did not flee but that argument has not been explored from what I can gather. Generally rendition seems to be granted given an indictment in another state.

    In 18 U.S.C. § 3182 (which enables interstate extradition): 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 affidavit 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 executive authority making such demand, or the agent of such authority appointed to receive the fugitive, and shall cause the fugitive to be delivered to such agent when he shall appear. …

    Overall it seems to me that a person charged in another state will be extradited as one could interpret residing in California as “fleeing” say Texas’s jurisdiction.

    Edit: see my edit on my top level comment. I’ve dug into this issue in a bit more depth and it feels like this is less of a clear cut issue than I initially thought. Thank you everyone for pointing out the flaws in my logic.