# What does "waive extradition" mean?

**URL:** <https://boards.straightdope.com/t/what-does-waive-extradition-mean/557059>\
**Category:** Factual Questions\
**Created:** [October 13, 2010, 11:19pm UTC](https://boards.straightdope.com/t/what-does-waive-extradition-mean/557059 "2010-10-13T23:19:33Z")\
**Posts on this page:** 4\
**Page:** 2

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**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\
**Post date:** [October 20, 2010, 1:59pm UTC](https://boards.straightdope.com/t/what-does-waive-extradition-mean/557059/21 "2010-10-20T13:59:00Z")

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> [@Northern\_Piper](#):
>
> I think that the US usage of extradition to mean between different states of the US is a bit unusual - we don’t use that terminology here in Canada, since our criminal law is Canada, and an arrest warrant runs throughout the country. For us, extradition always refers to extradition from one country to another.
> 
> I don’t know if other federations use “extradition” in the context of transfers of accuseds within the country - maybe our Aussie law dopers can comment on the usage there.

In Australia, most criminal law is at the state level, so they do have extradition between states in Australia.

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**Author:** ![Xema](https://avatars.discourse-cdn.com/v4/letter/x/9de053/32.png) [@Xema](https://boards.straightdope.com/u/Xema)\
**Post date:** [October 20, 2010, 9:57pm UTC](https://boards.straightdope.com/t/what-does-waive-extradition-mean/557059/22 "2010-10-20T21:57:25Z")

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> [@Northern\_Piper](#):
>
> If you’re not extradited, you don’t stand trial, and you’re not a guilty party. You are innocent until proven guilty.

It’s often expressed that way, but a more accurate way to say this is that in legal proceedings an accused is entitled to a presumption of innocence, which means (among other things) that the burden of proof falls on the prosecution, and that failure to testify cannot be construed as evidence of guilt.

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [October 22, 2010, 12:22am UTC](https://boards.straightdope.com/t/what-does-waive-extradition-mean/557059/23 "2010-10-22T00:22:41Z")

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> [@Xema](#):
>
> It’s often expressed that way, but a more accurate way to say this is that in legal proceedings an accused is entitled to a presumption of innocence, which means (among other things) that the burden of proof falls on the prosecution, and that failure to testify cannot be construed as evidence of guilt.

Depends which country you’re posting from. 🙂

I’m posting from Canada, where our [Charter](http://laws.justice.gc.ca/eng/const/9.html#codesc:7-bo-ga:l_I-gb:s_7-se:11) provides:

> [@](#):
>
> 1. Any person charged with an offence has the right  
> …  
> (d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

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**Author:** ![Xema](https://avatars.discourse-cdn.com/v4/letter/x/9de053/32.png) [@Xema](https://boards.straightdope.com/u/Xema)\
**Post date:** [October 22, 2010, 12:07pm UTC](https://boards.straightdope.com/t/what-does-waive-extradition-mean/557059/24 "2010-10-22T12:07:31Z")

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> [@Northern\_Piper](#):
>
> I’m posting from Canada, where our [Charter](http://laws.justice.gc.ca/eng/const/9.html#codesc:7-bo-ga:l_I-gb:s_7-se:11) provides:
> 
> > [@](#):
> >
> > 1. Any person charged with an offence has the right  
> > …  
> > (d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

I think this is saying the same thing: not that the person is necessarily innocent, but rather that he is entitled to a presumption of innocence in legal proceedings.

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