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One example given in this regard was the arrangement among the states of the United States, in particular the Extradition Clause which contains no exception for political offences and specifically names treason as a crime for which an interstate fugitive must be delivered upon demand. [38]
When no applicable extradition agreement is in place, a state may still request the expulsion or lawful return of an individual pursuant to the requested state's domestic law. [2] This can be accomplished through the immigration laws of the requested state or other facets of the requested state's domestic law.
California's Code of Civil Procedure, for example, states: 410.10. A court of this state may exercise jurisdiction on any basis not inconsistent with the Constitution of this state or of the United States. [15] New York's Civil Practice Law and Rules [16] has, among other things, asserted the following: § 302.
The answer, apparently, was by fleeing to a country with no extradition treaty with the United States: The former CIA employee and NSA contractor is currently hiding out in Hong Kong.
In international law, extraterritoriality or exterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands. [ 1 ]
Territorial jurisdiction in United States law refers to a court's power over events and persons within the bounds of a particular geographic territory. If a court does not have territorial jurisdiction over the events or persons within it, then the court cannot bind the defendant to an obligation or adjudicate any rights involving them.
The act states it can be invoked "whenever there is a declared war" or "any invasion or predatory incursion" that has been perpetrated, attempted or threatened against the United States by a ...
where a state only has, to a greater or lesser extent, a single and unified system of law, it is the law of criminal procedure to regulate what cases each classification of court within the judicial system shall adjudicate upon. People must be tried in the same state the crime is committed.