An alleged murderer from Florida is caught on the lam in Alaska. His lawyer says he’ll “fight extradition.” How would he do that? Extradition from one state to another is specifically provided for in the U.S. Constitution, Art. IV, Sec. 2, cl. 2. What legal impediments can an accused person raise to being returned to the state in which the offense was allegedly committed?
I understand that extradition to another country is different. The accused could argue that he’d be subjected to unfair judicial proceedings, torture or death by a foreign court, and a court of the country in which he’d been arrested might agree and refuse to extradite. It also depends, IIRC, on whether or not the two countries in question have an extradition treaty with each other.
You can claim not to be the individual named in the extradition order. You got a day, or perhaps a weekend and then you show up with your evidence. Without a fairly good pile of evidence that you are not the same individual, you may take up your case with the jurisdiction which asked for you.
I think most states won’t accept any other grounds for blocking an extradition order from another US State.
IANALYet, but I could see how this guy’s lawyer could make a (weak) case claiming that passing through another country – presumably Canada – calls for separate extradition proceedings. Perhaps his lawyer is hoping that before Canada will let the guy fly over, they’ll make Florida agree not to seek the death penalty.
The burden of proof has to do with proving guilt; that a law has been broken. If the “State” had to “prove” that you are who you say you are… well, I can see a lot of abuse by the “State”
Reminds me of an old Soviet joke. A rabbit was caught trying to cross the border and during questioning he revealed that he was trying to flee because of a new law requiring all camels to be castrated. When it was pointed out that he was a RABBIT, he said that wouldn’t do him any good after being castrated for being a camel.
My understanding is that he will be extradited sooner or later. He can “fight it” by requiring a governor’s warrant, in which Florida’s governor upon application of the local district attorney warrants to the Alaskan governor there is probable cause to charge him with the crime. I don’t think there is any way he will not be extradited. Most fugitives waive extradition to get it over with because it is pretty much inevitable.
Wasn’t this a major contraversy back in the 70’s when California’s governor Jerry “MedFly” Brown refused to extradite an American Indian because he felt the charges were based on racism?
Back in the 80s, Utah refused to extradite an executive of a company. Here’s from the article:
(As an aside. Damn. Not only do I remember the basics of this from one article I read 23 years ago , and never discussed or thought about it since, but could google and find an article about it. Now why the hell can’t I remember to take the trash out?)
I was Extradited From Alaska To Texas about 9 years ago.
There is a time limit on how long it takes for them to get you. Regardless if you fight extradition or not. I think something like 90 days. So fighting it could be helpful in a way. If you stall them out in a busy jurisdiction and time gets close there is a chance there will not be any plane tickets or available officer to get you on short notice. You will maybe be set free. The problem then is that it is against the law in most states to be a fugitive. You will be locked up for that then. And possibly the clock will be reset I am not sure on that though.
I chose not to waive my rights to extradition for several complex personal reasons.
Not that I would get off or that Texas wouldn’t extradite me. I thought that maybe they wouldn’t but it was not the main reason.
Alaska was my home at the time. I wanted to stay here and do what I needed to do and be close to my resourses to prepare for the courts in Texas. It bought me some time I prepared my case and it served me well.
It is really a crazy story. I should tell you all sometime.
George W Bush Signed my Extradition Papers by the way.
Bastard
