15

Bob is born and raised Californian. He goes over to Texas, and commits a bunch of Texan crimes (which aren't illegal whatsoever in California). Before the police are onto him, Bob goes back to California. Later on, Texas has a mountain of evidence for a winning case against Bob. Is California obligated to extradite Bob to Texas for breaking their laws when he was there? Or can California choose to protect Bob? And does Bob have to basically remain in California to stay safe (and if he ever visits Texas or its "allies", he's screwed)?

Basically, are states in the USA like nations in that you can seek asylum in some of them, and certain groups of nations will extradite criminals to anyone in their group? Or is it 1 big nation, and you're obliged to extradite criminals to any state in the nation, no matter how much you disagree?

As for the law that Bob broke, take your pick (weed, abortion, gun laws, anything that California or Texas might disagree on).

Machavity
  • 526
  • 2
  • 13
chausies
  • 6,242
  • 3
  • 39
  • 77

1 Answers1

27

Yes. See Article IV, Section 2, Clause 2 (the "interstate rendition" clause):

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

This is brought into federal statute in 18 U.S.C. ยง 3182, which also extends this rule to the territories.

The Supreme Court of the United States has confirmed that the holding state has no discretion to refuse the demand, and the requesting state can obtain an order of mandamus from the federal courts to compel the transfer.

Puerto Rico v. Branstad, 483 U.S. 219 (1987):

We reaffirm the conclusion that the commands of the Extradition Clause are mandatory, and afford no discretion to the executive officers or courts of the asylum State.

The one exception is if the person is already imprisoned in the holding state. In that case, the holding state need not transfer until the end of the imprisonment.

Jen
  • 87,647
  • 5
  • 181
  • 381