Article Four of the United States Constitution outlines the relationship between the various states, as well as the relationship between each state and the United States federal government. It also empowers Congress to admit new states and administer the territories and other federal lands.
Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction.
A bounty hunter is a private agent working for bail bonds who captures fugitives or criminals for a commission or bounty. The occupation, officially known as bail enforcement agent, or fugitive recovery agent, has traditionally operated outside the legal constraints that govern police officers and other agents of the state. This is because a bail agreement between a defendant and a bail bondsman is essentially a civil contract that is incumbent upon the bondsman to enforce. As a result, bounty hunters hired by a bail bondsman enjoy significant legal privileges, such as forcibly entering a defendant's home without probable cause or a search warrant; however, since they are not police officers, bounty hunters are legally exposed to liabilities that normally exempt agents of the state—as these immunities enable police to perform their designated functions effectively without fear—and everyday citizens approached by a bounty hunter are neither required to answer their questions nor allowed to be detained. Bounty hunters are typically independent contractors paid a commission of the total bail amount that is owed by the fugitive; they provide their own PLI and only get paid if they are able to find the "skip" and bring them in.
Philip Pendleton Barbour was the tenth speaker of the United States House of Representatives and an associate justice of the Supreme Court of the United States. He is the only individual to serve in both positions. He was also a slave owner.
The Fugitive Slave Act of 1793 was an Act of the United States Congress to give effect to the Fugitive Slave Clause of the US Constitution, which was later superseded by the Thirteenth Amendment, and to also give effect to the Extradition Clause. The Constitution’s Fugitive Slave Clause guaranteed a right for a slaveholder to recover an escaped slave. The subsequent Act, "An Act respecting fugitives from justice, and persons escaping from the service of their masters," created the legal mechanism by which that could be accomplished.
Prigg v. Pennsylvania, 41 U.S. 539 (1842), was a United States Supreme Court case in which the court held that the Fugitive Slave Act of 1793 precluded a Pennsylvania state law that prohibited blacks from being taken out of the free state of Pennsylvania into slavery. The Court overturned the conviction of slavecatcher Edward Prigg as a result.
United States v. Alvarez-Machain, 504 U.S. 655 (1992), was a United States Supreme Court case in which the Court held that the respondent's forcible abduction from a foreign country, despite the existence of an extradition treaty with said country, does not prohibit him from being tried before a U.S. court for violations of American criminal laws. The ruling reconfirmed the Ker-Frisbie Doctrine, established in Ker v. Illinois (1886) and Frisbie v. Collins (1952), which generally permits the prosecution of criminal defendants regardless of whether their presence was obtained in accordance with an applicable extradition treaty.
In law, rendition is a "surrender" or "handing over" of persons or property, particularly from one jurisdiction to another. For criminal suspects, extradition is the most common type of rendition. Rendition can also be seen as the act of handing over, after the request for extradition has taken place.
Extradition law in the United States is the formal process by which a fugitive found in the United States is surrendered to another country or state for trial, punishment, or rehabilitation. For foreign countries, the extradition process is regulated by treaty and conducted between the federal government of the United States and the government of a foreign country. International extradition is considerably different from interstate or intrastate extradition. If requested by the charging state, US states and territories must extradite anyone charged with a felony, misdemeanor, or even petty offense in another US state or territory, even if the offense is not a crime in the custodial state. The federal government of the United States is a separate jurisdiction from the states with limited scope, but has nationwide law enforcement presence.
The Ker–Frisbie doctrine is applied in the context of extradition and generally holds that criminal defendants may be prosecuted in United States courts regardless of whether their presence has been obtained through the use of applicable extradition treaties.
Canada v Schmidt, [1987] 1 S.C.R. 500, is a decision by the Supreme Court of Canada on the applicability of fundamental justice under the Canadian Charter of Rights and Freedoms on extradition. While fundamental justice in Canada included a variety of legal protections, the Court found that in considering the punishments one might face when extradited to another country, only those that "shock the conscience" would breach fundamental justice.
The Extradition Clause or Interstate Rendition Clause of the United States Constitution is Article IV, Section 2, Clause 2, which provides for the extradition of a criminal back to the state where they allegedly committed a crime.
Male captus, bene detentus is a legal doctrine, according to which the fact that a person may have been wrongly or unfairly arrested, will not prejudice a rightful detention or trial under due process.
Ableman v. Booth, 62 U.S. 506 (1859), was a United States Supreme Court case in which the Court unanimously held that state courts cannot issue rulings that contradict the decisions of federal courts, overturning a decision by the Supreme Court of Wisconsin. The Court found that under the Constitution, federal courts have the final power to decide cases arising under the Constitution and federal statutes, and that the States do not have the power to overturn those decisions. Thus, Wisconsin did not have the authority to nullify federal judgments or statutes. For example, it is illegal for state officials to interfere with the work of U.S. Marshals acting under federal laws. The Ableman decision emphasized the dual form of American government and the independence of State and federal courts from each other.
Frisbie v. Collins, 342 U.S. 519 (1952), was a decision by the United States Supreme Court, which held that kidnapping of suspects by State authorities is constitutional if done so to take the suspect from one jurisdiction to another for criminal trial. The defendant was tried in Michigan after being abducted by Michigan authorities in Chicago, Illinois. The case was related to the previous case of Ker v. Illinois (1886). Both cases together created the Ker–Frisbie doctrine, which is used to validate the reasoning behind seemingly illegal and unconstitutional extradition and abduction from other countries or from state to state on the basis of a prosecution being brought against the individual.
The Supremacy Clause of the Constitution of the United States establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers delegated to it by the Constitution.
The Taney Court heard thirty criminal law cases, approximately one per year. Notable cases include Prigg v. Pennsylvania (1842), United States v. Rogers (1846), Ableman v. Booth (1858), Ex parte Vallandigham (1861), and United States v. Jackalow (1862).
During the tenure of Morrison Waite as Chief Justice of the Supreme Court of the United States, the Supreme Court heard an unprecedented volume and frequency of criminal cases. In just fourteen years, the Court heard 106 criminal cases, almost as many cases as the Supreme Court had heard in the period from its creation to the appointment of Waite as Chief Justice. Notable cases include United States v. Cruikshank (1875), United States v. Reese (1875), Reynolds v. United States (1878), Wilkerson v. Utah (1879), the Trade-Mark Cases (1879), Strauder v. West Virginia (1880), Pace v. Alabama (1883), United States v. Harris (1883), Ex parte Crow Dog (1883), Hurtado v. California (1884), Clawson v. United States (1885), Yick Wo v. Hopkins (1886), United States v. Kagama (1886), Ker v. Illinois (1886), and Mugler v. Kansas (1887).
A political offence exception is a provision which limits the obligation of a sovereign state under an extradition or mutual legal assistance treaty or statute. Such provisos allow the state whose assistance has been requested to refuse to hand over a suspect to — or to gather evidence on behalf of — another state, if the requested party's competent authority determines that the requesting party seeks assistance in order to prosecute an offence of a political character.
Sidney L. Jaffe is a U.S.-born Canadian businessman who was kidnapped from outside his Toronto home in 1981 by American bounty hunters Timm Johnsen and Daniel Kear and transported to Florida after failing to appear for a trial there on charges of land sales fraud. His conviction on the fraud charges was overturned on appeal; his conviction on an additional charge of failure to appear for trial was upheld, but he was paroled after two years and returned to Canada. At the request of the Canadian government, Jaffe declined to appear at a new Florida trial on further land fraud charges in 1985. Johnsen and Kear were extradited to Canada and convicted of kidnapping in 1986, but were set free pending appeal, and their sentences were reduced to time served in 1989, after which they returned to the United States. The Jaffe incident caused significant tensions in Canada–United States relations, and resulted in a 1988 exchange of letters between the two countries on cross-border kidnappings.
