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In case anyone besides me was curious, I found nothing in Federal Code (which governs felony extradition) or Idaho law that addresses extradition of an incapacitated person directly. However, anyone fighting extradition has the right to object in which case a court hearing will be held in the state where they’re captured. I assume if a person is incapable of standing trial they’d be equally incapable of presenting a case to fight extradition so they’d remain where they are until they’re competent enough to have their extradition hearing:
Extradition Between States: Law and Process - FindLaw
Within the United States, federal law governs extradition from one state to another. The Extradition Clause of the U.S. Constitution (Article IV Section 2) requires 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.
In addition to the Constitution, federal law (18 U.S.C § 3182) provides requirements for extradition. Requirements and guidelines can also be found in the Uniform Criminal Extradition Act (UCEA). The UCEA is not mandatory and not all states have adopted it. States that haven't adopted the UCEA have their own extradition laws that comply with the federal statute.
Extradition Between States: Defenses
There aren't many defenses to extradition. As long as the process and procedure found in the U.S. Constitution and federal law have been followed, the fugitive must be surrendered to the demanding state. However, there are a few defenses that have been identified by the Supreme Court, such as:
For anyone interested, here’s Idaho State code on extradition. Nothing applicable that I saw, but IANAL nor did I pore over the entire code:
Chapter 45 – Idaho State Legislature
Extradition Between States: Law and Process - FindLaw
Within the United States, federal law governs extradition from one state to another. The Extradition Clause of the U.S. Constitution (Article IV Section 2) requires 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.
In addition to the Constitution, federal law (18 U.S.C § 3182) provides requirements for extradition. Requirements and guidelines can also be found in the Uniform Criminal Extradition Act (UCEA). The UCEA is not mandatory and not all states have adopted it. States that haven't adopted the UCEA have their own extradition laws that comply with the federal statute.
Extradition Between States: Defenses
There aren't many defenses to extradition. As long as the process and procedure found in the U.S. Constitution and federal law have been followed, the fugitive must be surrendered to the demanding state. However, there are a few defenses that have been identified by the Supreme Court, such as:
- whether the extradition request documents are in order;
- whether the person has been charged with a crime in the demanding state;
- whether the person named in the extradition request is the person charged with the crime; and
- whether the petitioner is, in fact, a fugitive from the requesting state.
For anyone interested, here’s Idaho State code on extradition. Nothing applicable that I saw, but IANAL nor did I pore over the entire code:
Chapter 45 – Idaho State Legislature
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