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Generally under United States law (18 U.S.C. § 3184), extradition may be granted only pursuant to a treaty. [13] Some countries grant extradition without a treaty, but every such country requires an offer of reciprocity when extradition is accorded in the absence of a treaty. [13]
The extradition procedures to which the fugitive will be subjected are dependent on the law and practice of the requested state. [2] Between countries, extradition is normally regulated by treaties. Where extradition is compelled by laws, such as among sub-national jurisdictions, the concept may be known more generally as rendition.
The meaning of the Extradition Clause was first tested before the Supreme Court in the case of Kentucky v. Dennison (1861). The case involved a man named Willis Lago who was wanted in Kentucky for helping a slave girl escape. He had fled to Ohio, where the governor, William Dennison, Jr., refused to extradite him back to Kentucky.
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In law, rendition is a "surrender" or "handing over" of persons or property, particularly from one jurisdiction to another. For criminal suspects , extradition is the most common type of rendition. Rendition can also be seen as the act of handing over, after the request for extradition has taken place.
Puerto Rico v. Branstad, 483 U.S. 219 (1987), was a case decided by the Supreme Court of the United States that ruled unanimously that federal courts have the power to enforce extraditions based on the Extradition Clause of Article Four of the United States Constitution. [1]