Legal Definitions - Extradition Clause

The Extradition Clause is a provision within the U.S. Constitution that prevents individuals accused of crimes from escaping justice by fleeing across state lines. It requires that if a person is charged with a crime in one state and then travels to another state, the state where the crime was committed can formally request their return. The state where the person has fled must then surrender them to face legal proceedings in the original state.

Here are some examples illustrating how the Extradition Clause works:

• Imagine a person named Alex commits a serious bank robbery in Arizona and then immediately drives to New Mexico, believing they can avoid prosecution there. Under the Extradition Clause, Arizona's governor (as the executive authority) can issue a formal request to New Mexico's governor to have Alex returned. New Mexico would then be constitutionally obligated to apprehend Alex and send them back to Arizona to face charges for the robbery. This demonstrates how the clause prevents a state from becoming a sanctuary for fugitives.

• Consider Sarah, who is on parole for a felony conviction in Illinois. She violates the terms of her parole by leaving the state without permission and establishes a new life in Wisconsin. When Illinois parole authorities discover her whereabouts, they can invoke the Extradition Clause. Illinois would formally request Wisconsin to return Sarah, not for a new crime, but to address her parole violation in the state where her original sentence was imposed. This shows the clause applies not just to new crimes but also to violations of existing legal orders.

• Suppose a contractor, Michael, is accused of large-scale construction fraud in Massachusetts, involving millions of dollars. Before he can be arrested, Michael sells his assets and moves to Florida, hoping the distance will protect him. The Massachusetts Attorney General's office would work with the Governor's office to initiate extradition proceedings. They would present the necessary legal documentation to Florida, requesting Michael's return. Florida would then be required by the Extradition Clause to facilitate Michael's transfer back to Massachusetts to stand trial for the alleged fraud.