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Extradition: Everything You Should Know About It

When we think about the U.S. legal system, one of the first things that comes to mind is extradition. It is the process of returning a criminal suspect from one country to another in order to stand trial or serve a sentence. But what exactly does extradition entail? Keep reading to learn everything you need to know about this complex area of law.

Does Mexico have a extradition agreement with the US?

Yes, Mexico has an extradition agreement with the United States. The agreement was signed in 1978 and allows for the extraditions of Mexican nationals who are wanted in the United States for certain crimes.


What Is Extradition?

It is the process of surrendering an individual wanted for trial or imprisonment to the authorities of another country. It usually occurs when the individual is found in the other country.

The request may be made by the country where the crime was committed, by the country seeking to try or imprison the individual, or by a third country with which both have a mutual legal assistance treaty.

It may also occur as a result of international agreements between countries, such as treaties on terrorism or organized crime.

Extradition is the process by which a criminal suspect who has been accused of a crime and found in one country is handed over to the authorities of another country so that they can be put on trial or serve a sentence for the crime.

The procedures vary from country to country, but typically a treaty will exist between two countries which sets out the offences for which extradition can take place, as well as the procedure to be followed. The request must be made through official channels (such as your local police department) and must include evidence linking the suspect with the crime.

If approved, the suspect will be arrested and taken into custody pending their departure to the other country.

Obstacles to Extradition:

The obstacles of extradition can be diplomatic, legal, or practical.

From a diplomatic standpoint, the requesting country may not have good relations with the country from which the suspect is being extradited. This could lead to delays in the process or even a refusal to extradite the suspect.

From a legal standpoint, there are often complex issues around double jeopardy (the principle that a person cannot be tried for the same crime twice). There may also be questions around whether the crimes in question are actually covered by the treaty between the two countries.

If the suspect’s death sentence is possible in any of these countries, it will not be permitted unless they are certain that the sentence will not be imposed or carried out.

Extradition in the United States:

It is the transfer of a criminal or suspected criminal from one country to another, usually pursuant to an extradition treaty. In the United States, extradition is governed by the Extradition Clause of the Constitution, which provides that “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.”

The treaties are bilateral agreements between two countries. The United States has treaties with over 100 countries. Most requests are made by foreign governments to bring criminals back to their countries for trial.

There are a number of countries that have refused to extradite suspects to the United States. This is often due to concerns that the suspects will not receive a fair trial in the US or that they may be subject to torture or other mistreatment. Some of the countries that have refused extradition in recent years include China, Russia, Venezuela, and Ecuador.

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