Extradition Condition In America
According to the West’s Encyclopedia of American Law, extradition is the transfer of an accused from one state or country to another state or country that seeks to place the accused on trial (legal dictionary). The country or state whom wants the person accused for a crime must provide documentation on the explaining why they want him or her in their custody (Zabyelina). Reason can range from murder, illegal goods being sold, and other serious offences. Within the documentation, the state or country must make sure they aren’t trying to charge him just because of color of skin, nationality, or religious believes. In addition, they must be given a fair trial with unbiased court. Those who have the person in their country such as in custody or …show more content…
In the case of the United States versus Alvarez-Machain on 1992, the request that was made by the United States for him was overturned. Since federal district court lack jurisdiction to try him because his abduction violated the extradition treaty (Geoff). Even the Mexican government believed that the abduction was a violation of the extradition treaty between the two states (Geoff). The whole point of the agreement was to bring Mr. Alvarez to the United States for trial if the Mexican was to accept the request. After the kidnaping was done, it breaks the agreement they had because no one knew how he got to United States. Thus, explaining why you cannot try him because he step to United State soul not by Mexican government nor voluntary, but by …show more content…
Sometimes the country or state that is requesting the accused can make a mistake in the request and is not able to have the outcome they wanted. For example, the request for the American fugitive George Wright was denied (States News Service). The United states were confused when they were denied to extradite Mr. Wright so they are going review the decision that the Portugal have taken. Eventually, Mr. Wright was returned to the United States. However, there are times where the extradition can be refused and then overturned or it can be the other way around. Extradition have certain treaties that certain countries must follow in order to keep the safe of the accused
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